EARLY HISTORY 



—OF 



LEAVENWORTH 

CITY AND COUNTY 



Also an Appendix Containing a List of the Lawyers, with 
A Sketch of Each, of the First Judicial District, 
and who Signed the Roll of Attorneys prom 
1855 to the Admission of the State 



..'-BY 

H: MILES MOORE 




Sam'l Dodsworth Book Co. 

Leavenworth, K.\n.s.as 

1906 



It Ms 



COPYRIGHTED 

1^1 3<5V 



r^fate 



Brief Summary of the Causes Which Led Up to the 
Struggle in the Early Settlement of Kansas, Between 
THE Pro-Slavery Party on the One Side, and the Free 
State Party on the Other. The Situation of Affairs 
Along the Border in Missouri Prior to the Passage of 
the "Kansas-Nebraska Bill." 



IT is not the intention or desire of the writer of these sketches to 
enter into a long discussion of the question of slavery as it 
existed in Missouri or the southern states at the time of the 
passage of the "Douglas Kansas-Nebraska Bill" by Congress, 
March 30, 1854, (as it was called in those days.) That subject has 
been fully amplified and, I might with propriety say, exhausted, 
by writers on both sides long years ago. It would be but threshing 
over old straw, with no credit or advantage to the writer and 
surely no pleasure or profit to the reader. 

In elucidating some of the peculiar and stirring events which 
lay along the pathway of the early settlement of the town of 
Leavenworth, as well as the motives which in many instances 
seemed to govern the actions of the participants in those events, 
not only in Leavenworth, but in the other towns along the border 
and the country surrounding, it would seem almost necessary to 
a full and correct understanding of those motives and of the people 
themselves that a succinct, truthful and concise statement of facts 
should be given as to the situation, character and environments 
of the people of the border counties of Missouri prior to the settle- 
ment of Kansas. The writer of these sketches deems himself 
qualified to speak truthfully and impartially. Born, reared and 
educated in the North — at the same time with no political preju- 
dices against the South, her people or her institutions. On 
the contrary, a great admirer, with the zeal and infatuation of 
young and vigorous manhood of her great leaders and patriots 
from the days of Washington and his compeers, adown the long 



4 Early History of Leavenworth City and County. 

line of noble sires and sons, to that of the immortal Henry Clay, 
the great commoner, the idol and pride of the people of the South- 
land, equally respected and beloved by thousands of young men 
in the North. Before the completion of our education, at least be- 
fore our admission to the bar, financial affairs called us to the 
South. After ^•isiting most of the southern states we finally de- 
termined to settle in Louisiana. After our admission, we located 
there permanently upon a sugar plantation in Rapedes Parish. 
Ever>'thing prospered for a time until the unfortunate summer of 
1S49, when that devastating scourge, the cholera, swept over the 
lower Mississippi states, lea\-ing desolation and death in its merci- 
less track. Thousands died Vjoth white and black; it spared neither 
age, sex nor condition; all shared alike and fell beneath the ruth- 
less sickle of the fell destroyer. The writer lost over thirty able- 
bodied servants, besides a score or more were prostrated and 
only recovered by the most skillful care and attention. Almost 
all labor on these stricken plantations ceased for a series of weeks 
and months; the season passed and of course the crops were al- 
most a total failure for that season and the financial blow was too 
heavy for the young planter to recover from, at least so he 
reasoned. Over §100,000 were lost outright in crops and ser- 
vants and the season passed, where with ordinary luck or success, 
SoO,000 should have been added to the common fund. 

In debt and with no sufficient reserve to draw upon to fill so 
large a vacuum, the coming year supplies of labor and necessary 
food and utensils to be furnished to carry on so large a planta- 
tion, a stranger comparatively speaking, without sufficient credit 
or at least assurance to ask his New Orleans factor to advance so 
large a sum as above required, to buy help, feed and clothe them 
and wait a year for his pay with no guarantee, required more nerve 
under the circumstances than the writer possessed. A refusal 
would have been too humiliating to bear. 

A consultation with a few friends, an inventory of the re- 
maining assets, a determination to abandon that location, not 
discouraged, young, vigorous, in good health, full of courage and 
determined to win in the race, with a good education and profes- 
sion to rely upon, after a series of varied events the late autumn 
of 1849 found me at Weston, Missouri, among total strangers, 
over 2,000 miles bj' the lakes and rivers from my eastern home, 
enroute to California to seek anew my fortune. I walked the gang 
plank from the good steamer, F. X. Aubre}', to the levee at Wes- 
ton, Mo., with but fifty cents in my pocket, two bits of which I 
gave to one-eyed negro Bob, the porter of the "American" to 
' ' tote ' ' my trunk up to the hotel. I soon learned to my great sur- 
prise and disgust that wagon trains did not start across the great 
plains in the fall or winter season, and if I expected to work my 
way to California by that route, driving six or eight yoke 



Preface. 5 

of Texas long liorns to a big prairie schooner, 1 would have to 
wait until the following spring, April or May, or until the grass 
grew on the plains sufficient to support the stock. Satisfied that 
my golden dream of California was postponed for the present and 
keeping my own counsel as to my financial status, I started out 
to take an inventory of the town and hunt a job if possible. My 
eye soon fell upon the sign, "O. Diefendorf, Attorney at Law." 
As the name was a familiar one to me in my school-boy days back 
in western New York, I ventured to enter his office, where I found 
a pleasant, agreeable and cultured legal gentleman, busy at his 
desk, who welcomed me with a smile and bade me to a seat. I ex- 
plained that the name had attracted my attention in passing his 
office, I soon learned that he originally came from New York 
state, to Illinois, had been an officer in the Mexican War and from 
there had settled in "Weston; that the young Diefendorfs who 
were school-mates of mine were coasins of his. About that time 
Judge L. D. Bird came into the office; was introduced to him and 
soon learned he was also a former resident of New York state. I 
need hardly say we soon became friends, which increased with 
time, and during the next twenty-five years we were intimately 
associated together as members of the original Town Company of 
Leavenworth. 

Judge Diefendorf lived and died here, honored and respected 
by all. Judge Bird removed from Weston to Atchison, Kansas, 
and died there a number of years ago highly respected as one of 
her leading citizens of the town. 

But to return to our mutton. As soon as they learned I was 
a young lawyer, they both cordially invited me to make their re- 
spective offices my headquarters, which I kindly accepted. Mr. 
Diefendorf was very' busy in his office and I offered my services to 
assist him. In a few days he proposed a partnership which we 
entered into for five months, as I still expected to push on to Cali- 
fornia in the early spring. Our business was quite successful, 
we both made friends and at the end of five months I found my- 
self with S500 in gold, besides my expenses all paid and business 
increasing. The trip to California was abandoned and the writer 
became a permanent citizen of Weston, Platte county, Missouri. 
He at once took an active part in all matters of public interest, 
political and educational. The discussion of the subject of the 
building of railroads, especially the construction of a railroad on 
the east side of the Missouri river from St. Charles to the Iowa 
line, and as secretary of the "Northwestern Missouri Agricul- 
tural, Horticultural and Mechanical A.ssociation, " and also as 
sub rosa editor of the ' ' Weston Reporter, ' ' for a number of 
years, the writer became intimately acquainted with all educa- 
tors, the leading politicians, farmers, lawyers and business men 
of upper Missouri. Being of a social turn, at their kind invitation, 



6 Early History of Leavenworth City and County. 

he visited them at their homes and partook of their genuine hos- 
pitaUty. 

Most of the settlers of upper Missouri in those days came from 
Kentucky, a few from Tennessee and Virginia. The Platte Pur- 
chase, (of which I shall speak more at length presently) was al- 
most exclusively settled by people from the above states and in 
this connection I desire to emphasize the fact, that during a life 
of over three score years and ten the writer never enjoyed him- 
self better and with more genuine pleasure, true happiness and 
disalloyed friendship than during the five years he resided in 
Platte county, among a brave, gallant, kind, generous and most 
hospitable, true, chivalric Southern people. Truly it was an 
oasis in this wilderness world of ours, an epoch in a long and 
varied life never to be forgotten. Age chilleth not the fond 
memory of those halcyon days. 

The "Platte Purchase," as it was called, is that portion of 
the state of Missouri lying west of the original boundary line of 
the state as fixed by the ' ' Missouri Compromise Line ' ' (as it was 
called,) extending to the western boundary of the state of Missouri 
from the mouth of the Kaw river north in a straight line to the 
south line of the present state of Iowa, and omitting that portion of 
the state between said projected northwestern line and the Mis- 
souri river, embraced within the present counties of Platte, Bu- 
chanan, Holt, Andrew, Nodaway, and Atchison — the garden 
spot of Missouri. That this magnificent tract of land should not 
have been originally included in the boundaries of the state, there 
seems at this day to have been no legitimate or valid reason; 
simply to have made the Northwestern boundary of the state 
follow the meanderings of the Missouri river north from the mouth 
of the Kaw river to the Iowa line as it does now and has ever 
since the change was made and the state enlarged by the efforts 
of Col. Thomas H. Benton, then U. S. Senator from our sister 
state of Missouri as the extension of the above boundary line 
was in direct violation of the letter and spirit of the ''Missouri 
Compromise ' ' as understood and agreed upon between the North 
and the South, viz: That African slavery should never be extend- 
ed north or west of the boundary line of said state, as defined by 
said Compromise. 

As I have before stated most of the early settlers of the Platte 
Purchase were from the state of Kentucky, some from Virginia 
and Tennessee and a few families from North Carolina. Most of 
them were enterprising, energetic and thrifty. They sought this 
new Eldorado, to secure homes for themselves and families and 
to improve their financial condition. Each desired to secure at 
least 160 acres of these rich farming lands, others with more 
means sought and obtained a half section, and a few were able 
to purchase a full section of land. Quite a goodly number 



Preface. 7 

brought with them their house servants and field hands 
and all looked forward to the time when they would be 
able, not only to hire, but to purchase and own 
their servants. This was a part of their early training and 
education; it grew up with them from infancy to manhood and 
womanhood, their preachers taught them and practiced it, as a 
God and Bible right. Their slaves were in many instances a part 
and parcel of their own family, bound to them by the strongest 
ties. The old negro mammy was as near and dear to them as their 
own parents. She was always their friend and protector, and the 
love and affection she bore for the white children of her master 
and mistress that she had nursed, was equal if not stronger 
than the love she bore towards her own offspring and that affec- 
tion was fully reciprocated on the part of all the white members 
of the family. The children all grew up together in infancy and 
childhood; they played and romped together and shared each 
other's sports and pleasures, oft eating from the same plate and 
drinking from the same gourd. The feelings engendered in child- 
hood between these different races grew up with them to man- 
hood and womanhood's estate. Of course a line of demarkation 
between them existed by natural and artificial laws, which was 
fully recognized and strictly observed by all parties. The neces- 
sities of the case required their division and the laws of God and 
man as they believed and were taught, demanded it. That the 
people of the Southland, and on the border of Missouri next to 
Kansas feared that their beloved institution was in danger by the 
settlement of Kansas as a free state^ as they were led to believe 
by the continued tirades of their newspapers against the settlers 
and people generally of the North, and the loud-mouthed vapor- 
ings and frantic appeals of their leaders to drive out the Aboli- 
tionists, inspired and increased this belief until it became a fixed 
principle with them, and hesitated at no plan or purpose how- 
ever extreme or diabolical in its results to carry out what they 
conceived to be their duty in the premises. I may have occa- 
sion to refer more directly to some of the sayings and doings of 
one or more of the leaders and the inevitable results that followed 
these outbursts of passion and prejudice towards those who first 
settled in Leavenworth and vicinity and were supposed to be 
inclined to favor secretly, if not openly, the establishment of a 
free state in Kansas. 

After a long and weary struggle of three years, the wasting 
of much treasure, the untold sufferings endured by the early Free- 
State settlers and the shedding of so much innocent blood, the sad 
recital has been so often pictured in song and story, that we pause 
upon the threshold and seek not to lift the veil or further dwell 
upon the unpleasant realities of those unhappy days which too 
many of us experienced in person, except so far as it may be neces- 



8 Early History of Leavenworth City and County. 

sary to elucidate some prominent incident or fact that bears 
directly upon the early settlement of the town and became a part 
of its history. 

After the three years ' struggle in Kansas to extend the insti- 
tution of slavery and fasten it upon the soil of this free and 
glorious commonwealth, the cohorts of slavery had retired within 
the precincts of their own domain, baffled but not conquered, 
disgruntled but not discouraged, proud, haughty, brave and de- 
termined. The teachings of Calhoun and his little band of con- 
spirators and the spirit of revolt and secession with which they 
had sought to inflame the people of the Southland and which had 
lain dormant for years, were again aroused to action. The smoul- 
dering fires of this long, slumbering volcano were again about to 
break forth, a new generation full of fire, energy and fight, imbued 
with the restless spirit of their forefathers, had come upon the 
scene of action, chivalrous, gallant, brave and impetuous even to 
rashness, the late rebuff in Kansas had but angered them and 
wounded their pride and ambition. They saw and justly too, 
that the present boundaries of their beloved institution were cir- 
cumscribed, that the edict had gone forth, "thus far shalt thou 
go and no farther and here shall thy proud waves be stayed. ' ' It 
needed but the election and inauguration of Lincoln to fan the 
smouldering fires of secession into an open rebellion. South 
Carolina, that nest of vipers, that hot bed of rebellion, was the 
first state to seek a severance from her sister states, the first star 
on the bluefield of old glory that sought to be blotted out, and a half 
score of her wayward sisters soon sought to follow her ignominous 
lead. Then came four years of cruel fratracidal strife and horrid 
war. P'ive billion of treasure Vv^ere expended, a half million of brave 
men lay down on many a gory battle field or in prison pens, to 
that long sleep that knows no waking. Thank God that long and 
cruel war is over never to be renewed. We are once more a happy, 
united and indivisable band of brothers. We may honestly differ 
upon politics and economic questions and divide into parties and 
struggle for the supremacy. Let but a foreign foe point his 
gun in threatening attitude towards our shores, let the tocsin 
of war but sound the note of alarm our country is in danger, a 
million, if need be, of trusty blades and glistening guns backed 
by stalwart arms and brave hearts, flash in the sunlight, the music 
of Dixie and Yankee Doodle blend in one sweet refrain, Johnnie 
and Yank touch elbows as they close on their file leader. The 
blue and the gray in grand phalanx press forward as they keep 
step to the music of the union, with old glory high advanced to 
the fore, without a star effaced or stripe erased. One nation, one 
country, one flag, no North, no South, no East, no West. 

Most of the settlers who first came to the Platte Purchase 
were men of moderate means, but they were an industrious and 



Preface. 9 

frugal people, soon opened farms and in a few years were raising- 
immense crops of hemp, tobacco and corn, with large droves of 
horses, mules, cattle and hogs. Towns sprang up rapidly along 
the river where the farmers or planters found a ready market for 
their hemp and tobacco, and at Fort Leavenworth for their horses, 
mules, corn and bacon. The Quarter-master and Commissary 
Departments of the U. S. Army at Fort Leavenworth were always 
in the market in the spring or fall for the above supplies at splen- 
did figures. Col. Alex W. Doniphan's regiment of cavalry for 
the Mexican War was fitted out at Fort Leavenworth, in 1847, 
Gen. Albert Sidney Johnson 's Utah Expedition,, rendezvoused and 
started from Fort Leavenworth. The many expeditions against 
the Indians of the plains for a long series of years started from 
Fort Leavenworth. These each and all made a demand for the 
surplus products of the planter of the Missouri river border, at 
least for his horses, mules, corn and bacon. During the time the 
writer of these sketches resided at Weston, it was the largest town 
on the Missouri river, having a population of 5,000 with four or 
five large hemp warehouses, two or more tobacco pressing estab- 
lishments, six or eight immense wholesale and retail general stores 
doing from a million to a milhon and a half of trade each year, 
with their hemp, tobacco, government and Indian trade. A half- 
dozen steamboats at her levee at one time loading and unloading, 
two large flour mills, one or two distilleries and breweries and 
countless evidences of wealth, thrift and enterprise. St. Joseph 
was a thriving Indian Trading Post, at the foot of Black Snake 
Hills. Kansas City was Westport Landing with a population of 
less than 2,000 along the river bank and perched on a dozen hills. 
Platte City and Liberty and Independence were thriving places, 
shire towns of their respective counties. The planters were all 
growing rich and the people happy and prosperous. Such was 
the condition of the Platte country on the 30th of May, 1854, 
when the Kansas and Nebraska Rill passed Congress and was 
signed by President Pierce. 




GENERAL HENRY LEAVENWORTH 
Founder of Fort Leavenworth. May 7th. 1827 



Contents 



CHAPTER I Page 17 

Leavenworth, the Oldest Town in the State and from 
What It Took Its Name, and Who Named It. Fifty Years Old 
June 13, 1904. 

CHAPTER II Page 26 

Kansas Immigration. Rapid Settlement of Leavenworth. 
Trouble About the Title to Our Townsite. 

CHAPTER III Page 31 

Incidents in the Early Settlement of Leavenworth, Con- 
tinued. The First Store Houses in Town. 

CHAPTER IV Page 38 

Governor Reeder's Arrival in Kansas. Col. A. J. Isaacs, 
Attorney General. Other Incidents. The First Church Ser- 
vice in Leavenworth. The First Squatter Trial in Kansas. 
Squatter Meeting in Leavenworth. 

CHAPTER V Page 43 

Settlement of the Delaware Lands in Leavenworth County. 
Public Sale of Lots in Atchison. First Day of Public Sale of 
Lots in Leavenworth. Highest Price Lots Sold that Day. 

CHAPTER VI Page 48 

Second Day's Public Sale of Lots in Leavenworth, October 
10, 1854. Judges Johnstone and Elmore, U. S. Territorial 
Jvidges. Death of Gen. Geo. W. Gist. 

CHAPTER VII Page 52 

First Convention Held in Leavenworth to Nominate Dele- 
gate to Congress. First Congressional Election Held in Kansas, 
Etc., Etc. Election at Leavenworth. 

CHAPTER VIII Page 56 

First Congressional Election in Kansas, Continued From 
Last Sketch. U. S. Senator Atchison of Missouri Ideas of Who 
Have a Right to Vote in Kansas. First Death of a Resident of 
Leavenworth. First Public Sale of Town Lots at Kickapoo. 

11 



12 Early History of Leavenworth City and County. 

CHAPTER IX Page 60 

The Main Rush for Townsites. Jacksonville Specimen Brick. 
Birth of the First Child in Leavenworth, Etc. George C. Rich- 
ardson Bom Here. 

CHAPTER X Page 64 

Great Fire in Weston, Mo. First Convention in Leaven- 
worth to Nominate Candidates for the Legislature. Organiza- 
tion of the U. S. District Court in Kansas. The Convention 
Meets Again Pursuant to Call and Makes Its Nominations. A 
Word About Judge R. R. Rees. 

CHAPTER XI Page 69 

Sketches of the Members of the First Territorial Legislature 
of 1855, from This County, Continued. Gen. Lucien J. East- 
in. Judge A. D. Payne of the Lower House. Wm. G. Mathias 
and H. D. McMeekin. Our Missouri Friends Getting Ready to 
Come to Kansas to Help Us in Our Election, Etc. General Lu- 
cien J. Eastin. 

CHAPTER XII Page 74 

Major E. A. Ogden at Fort Riley. A Note from Hon. P. G. 
Lowe with Reference to the Death of Maj. Ogden and the Chol- 
era at Fort Riley. Also a Well Merited and Deserving Refer- 
ence to Mr. Lowe in Connection With Above. 

CHAPTER XIII Page 79 

The First Census in Kansas. Proclamation for an Election 
of Members to the Council and House of the Territorial Legis- 
lature. 

CHAPTER XIV Page 84 

Gen. John Calhoun, First Surveyor General of Kansas and 
Nebraska. Election of Members of the First Territorial Coimcil 
and Legislature. 

CHAPTER XV Page 88 

Statement of Col. John Scott of St. Joseph. Rejoicing Over 
the Result of the Election. Destruction of the Parkville Lum- 
inary. 

CHAPTER XVI Page 92 

Death of Malcohn Clark. One of the Early Incidents of 
Leavenworth. 

CHAPTER XVIT Page 97 

The Tarring and Feathering of William PhiUips. Another 
of Those Most Unfortunate and Disgraceful Incidents with 
Which Our Town Was Afflicted in Early Days. Following 
Close on the Heels of the Homicide of Malcolm Clark, and Sought 
to Be Justified by its Aiders and Abettors on Account of That 
Unjustifiable and Outrageous Act. 

CHAPTER XVIII Page 102 

Honorable Thomas C. Shoemaker, and Other Items. 



Contents. 13 

CHAPTER XIX Page 107 

A Few Comments on the Resolutions Published in Our 
Last Sketch, Passed May 3, 1855, at the Indignation Meeting 
Adjourned From April 30, 1855. An Open Letter From Judge 
L. D. Lecompte. 

CHAPTER XX Page 113 

Meeting in Leavenworth Endorsing the Tarring and Feath- 
ering of William Phillips. The Second Election for Members to 
the Legislature Held at Leavenworth, May 22, 1855. Proceed- 
ings of Platte Comity Self-Defensive Association. The Weston 
Reporter. Citizens Meeting at Weston. 

CHAPTER XXI Pag, 118 

The Weston Reporter Continued. The Kansas Territorial 
Register. Capt. Simeon Scruggs,"The Oldest Man in Town . You 
Know. 

CHAPTER XXII Page 123 

George H Keller and A. T. Kyle. How Uncle George Got 
Possession of the Old Leavenworth Hotel. Another Chap's Ex- 
perience and Failure. Uncle George's Consolation, Etc. 

CHAPTER XXIII Page 128 

The Rapid Increase of Leavenworth in Wealth and Popu- 
|?.*'«^H,"""g fte Spring and Summer of 1855. First Election of 
City Othcers in Leavenworth. 

CHAPTER XXIV Pag, 134 

The Freaks of a Brilliant Journalist. Gen. (Jeorge W Mc- 
Lane and His '' Young America." Personal Reminiscences of 
Trying Times, Etc. 

CHAPTER XXV Pag, 139 

T^j-/"^^^ T^-^^^^ America," George Washington McLane, Sole 
Editor and Proprietor. McLane as a Whig Organizer Mc- 
Lane as An Exhorter. A Response from Gen. G. W Mc- 
Lane Redivious. Gen. McLane's Letter. 

CHAPTER XXVI Pag, 144 

A Few Items of Interest and the Precise Location of Certain 
Buildings and Other Points of Interest in the Early Settlement 
of Leavenworth, Kansas, as Heretofore Compiled by the Writer 
from His Own Personal Observation at the Time, and from His 
1 o^r: 7. , d^^° T Jo"™al, Which He Has Preserved Intact from 
1852 to 1880 Inclusive, Together with Other Writings, Scran 
Books, Etc. ^ 

CHAPTER XXVII Pag, 149 

Courts and Banks of the City in Early Days. 

CHAPTER XXVm P,g, ,34 

Banks Continued. Drug Stores. Churches. 



14 Early History of Leavenworth City and County. 

CHAPTER XXIX Page 159 

Churches Continued and Hotels. 

CHAPTER XXX Page 164 

Hotels of the City Continued. A Few Incidents of the Old 
Planters' Hotel. 

CHAPTER XXXI Page 171 

Hotels of Leavenworth in Early Days, Continued. 

(CHAPTER XXXII Page 176 

Elarly Hotels and Boarding Houses of the City Continued. 

CHAPTER XXXIII Page 181 

The Newspapers of Leavenworth. 

CHAPTER XXXIV Page 188 

Breweries in the ("ity in Early Days. 

CHAPTER XXXV Page 19:^ 

Flour Mills and Other Mills. 

CHAPTER XXXVI Page 199 

Schools. 

CHAPTER XXXVII Page 202 

Theatres or Opera Houses. Public Halls and Beer Gar- 
dens. 

CHAPTER XXXVIIl Page 218 

The Mayors of Our City, Lawyers, Physicians, Etc. 

CHAPTER XXXIX Page 216 

The Coal Mines of Leavenworth and Vitanity. 

CHAPTER XI Page 219 

Manufactories, Railroads, Etc. 

CHAPTER XLI Page 225 

Leavenworth County. First Members of the Legislature. 
First County Officers and Place of Meeting. 

C'HAPTER XLII Page 230 

Military Reservation of Fort Leavenworth 

CHAPTER XLIII Page 236 

The Early Ministers, Priests and Pastors of the City. 



LIST OF ILLUSTRATIONS. 

Frontispiece H. Miles Moore p^g^ 

General Leavenworth 10 

Train in Salt Creek Valley 16 

First Dwelling House in Leavenworth 83 

Planters House 1S55 164 

BiRDSEYE View Leavenworth and Missouri River 

1857-'58 180 

Conservative Office 188 

Headquarters and Barracks Fort Leavenworth 230 

Old Stone Wall Fortifications Fort Leavenworth 

(Still Standing) 235 



15 




16 



Early History of Leavenworth and 
Leavenworth County. 



CHAPTER 



Leavenworth, the Oldest Town in the State and From 
What It Took Its Name, and Who Named It. Fifty Years 
Old June 13, 1904. 



THE author of these sketches has concluded, that probably 
no more appropriate or interesting article as an introduc- 
tory chapter in this volume could be offered than the sketch 
written by him at the request of the editor and publisher of a Leav- 
enworth newspaper printed in that Journal on June 11, 1904, two 
days before the 50th anniversary of the location and settlement of 
the city of Leavenworth, which was celebrated by the residents 
of the town and county on that memorable occasion. Especi- 
ally is it appropriate to re-publish that article at this time, as it 
contains a fac-simile of the original ' ' articles of association. " ' 
The foundation-stone, (so to speak) of the first settlement of the 
town. 

This valuable document will be found as an introduction 
to this volume. 



The people of Missouri, along the border of Kansas, had for 
a long series of years, prior to the passage of the Kansas-Nebraska 
Bill, looked with longing eyes and wistful hopes for the day to 
arrive when the Indian titles would be extinguihhed and the 
goodly lands across the Big Muddy would be thrown open foi- 
settlement to the white men and their families, which they soon 
hoped to secure and occupy as their legitimate possession, and to 
carry with them their peculiar institutions and open up the coun- 
try to settlement with homes for themselves and their children 
and build up prosperous towns as the necessities of the case and 
the demands of the settlers might require. 

Hundreds of them had for years passed over and thoroughly 
explored the entire country from the Missouri river on the east 
to the vast plains at the foot hills of the Rocky mountains on the 



18 Early History of Leavenworth City and County. 

west, and from the valley of the Platte river on the north to the 
Rio Grande and the Sante Fe on the south. Many of their trips were 
across the ocean plains, to and from California in 1849 and 1850, 
and the immense government freight trains to the different forts 
and posts all over the west and southwest for a long period. Others 
had trading posts with the Indians and visited them at their 
annual payments each autumn in large numbers to trade with 
them and have a good time. These payments were right royal 
gatherings of the boys of the ' ' wild and woolly West ; ' ' fun and 
frolic with a few fights, foot and horse races thrown in for good 
measure. The fun was fast and furious for days and nights 
while the money lasted. Again others had chased the buffalo 
and antelope over the plain, still others had followed the 
hounds in gay pursuit of Reynard and the festive coyote. 
The whole land was as familiar to these Border Knights, 
as their own homes and surroundings in Missouri. They 
needed no Israelitish spies to visit and spy out the land and re- 
port that it was good, they were thoroughly posted on all these 
matters years before, by long and careful observation and ex- 
perience. 

On the 30th day of May, 1854, the "Douglas Kansas-Nebra- 
ska Bill," so called, had passed both houses of Congress and was 
signed by President Pierce. Immediately upon the signing of 
the Bill, Hon. David R. Atchison* (one of the United States Sena- 
tors from Missouri at the time, and whose plantation and home 
was near Plattsburg, in Clinton county, Missouri, but who spent 
a considerable portion of his vacation from his senatorial duties 
in Washington, among boon companions and friends in Platte 
county, at Weston and Platte City at old Lish Green's far famed 
hostelry in the latter city,) telegraphed the fact to some 
friends in Weston with the laconic instructions "go over 
and take possession of the good land, it is yours. ' ' 

The news spread like wild fire, from the Iowa line on the 
north to Arkansas on the south, along the western border of 
Missouri, and the whole people of that district obeyed the sug- 
gestion with great alacrity and stood not upon the order of their 
going, but went, some on foot, others on horseback, on mule- 
back and in wagons; they soon overran the good lands for 40 or 
50 miles west from the Missouri river and the western line of Mis- 
souri south of the Kaw river, taking possession and staking out 



Leavenworth, the Oldest Town in the State. 19 

their claims over most of the rich valleys, uplands and timber 
lands along the numerous streams which flow into the Missouri 
and Kaw rivers. 

In less than a weeks ' time almost every quarter section of 
arable land from the Missouri river to the Kaw that was not on 
an Indian Reservation, had a squatters' claim on it, and some of 
them two. The business men of Weston sought locations for 
townsites in the new land. The little town of Weston sent out 
three swarms like a well-stocked bee hive, in a few days. The 
first located at Leavenworth, the second at Kickapoo, and the 
third at Atchison, and all soon became thriving, bustling towns. 

But we shall confine ourselves in this article to our City of 
Leavenworth and its immediate vicinity for it is of this first 
settlement of this city and its projectors that we desire to speak 
at this time. As is well known the first squatter meeting held in 
the territory was on the 9th of May, 1854, at Riveley 's store in 
Salt Creek Valley, a half mile west of the bridge over Salt Creek 
on the Fort Riley road, about two miles west of Fort Leaven- 
worth. Most of the squatters at that meeting were from Platte 
County, Missouri; about 200 squatters were present and took 
active part in the business of the meeting. 

The town of Leavenworth was laid out by an association of 
men, a majority of whom resided at Weston, Platte county. Mo. 
In this volume will be found a fac-simile of the original agreement 
entered into by the original thirty-tw^o members and signed by 
them in their own handwriting. The agreement was prepared by 
H. Miles Moore .Esq., in his own handwriting in his law ofhce at Wes- 
ton, Mo., on the 13th day of June, 1854, just fifty years ago. The 
paper has been carefully kept by Mr. Moore ever since, as have 
the original Constitution and By-Laws of the association also 
signed by the original members. The proceedings of the meet- 
ings of the Association, the owners of the town shares, five to 
each original member and fifteen or twenty retained by the com- 
pany for public use, a list of all the lots drawn to each share with 
the names of the respective owners. The original map from 
which the first pubHc sale of lots was made October 9 and 10, 
1854, a memorandum of such sales and the purchase price paid 
for each lot sold, and most of these books and papers are in the hand- 
writing of Mr. Moore, who was secretary of the Town Company. 
They are still in his possession and in a good state of preserva- 



20 Early History of Leavenworth City and County. 

tion. Shortly after signing the original paper^ it was deemed 
necessary by the association that a constitution and by-laws 
should be prepared for the protection and government of its mem- 
bers and Judge L. D. Bird, Oliver Diefendorf and H. Miles Moore 
were appointed to prepare them. Judge Bird commenced the in- 
troduction and he and Mr. Diefendorf favored naming the town 
Douglas, the author of the Kansas-Nebraska Bill, and it was so 
written as the record shows. Mr. Moore opposed this name and 
urged the name of Leavenworth, after Fort Leavenworth, claim- 
ing that Fort Leavenworth was known as the handsomest and 
most desirable location on the Missouri river and that 100 miles 
away, every one would suppose the town was located at the Post 
it would also greatly assist in the sale of lots and invite settlers 
from all parts of the country. It was finally agreed by the com- 
mittee to submit the question of the name of the proposed town 
to the members of the association, at which meeting Mr. Moore 
urged the name of Leavenworth, for the above and other 
reasons, and his suggestion was finally unanimously adopted and 
the town was named Leavenworth. Of the original thirty-two 
members who signed the agreement and constitution but three 
of them are living at the present time. They are W. H. Adams, 
who now lives near Independence, Mo. He was originally one of 
the proprietors of the "Western Advertiser" and a son-in-law of 
Gen. Geo. W. Gist who surveyed and laid out the townsite and 
the tracts of land west of the city, known as the ' ' Gist Survey ' ' 
and was also the first president of the Town Company. Mr. Adams 
was the owner and proprietor of the ' ' Kansas Herald ' ' the first 
newspaper published in the territory. The first number was set 
up and printed by Mr. Adams under the umbrageous shade of the 
old elm tree near the northwest corner of Front and Cherokee 
streets. The next issue of the paper was from a small one-story 
frame house situated on the east end of the second lot from the 
southwest corner of Delaware and Front streets or the Levee. The 
Union R. R. depot now occupies this and other lots on the lower 
end of Delaware street. Mr. Adams afterward sold out the 
newspaper to Gen. L. J. Easton, who in time became sole editor 
and proprietor and who moved the printing office into the second 
story and over the stove and tin store of Geo. Russell on the west 
or Main street end of the same lot. Mr. Adams soon after moved 
to Missouri where he has since resided. 



Leavenworth, the Oldest Town in the State. 21 

Mr. A. T. Kyle, was a farmer living a short distance north of 
Weston, Mo., in what was called Fancy Bottom. He married 
the daughter of Uncle George Keller. Her brothers were Henry 
Keller, so long and favorably known here as an insurance agent 
and adjuster, now a resident of San Francisco, California. The 
other brother, A. B. Keller, better known as Doc. Keller, a resi- 
dent of this city for forty years, a prominent and active citizen, 
now living in Kansas City, Mo. 

Uncle George Keller, as he was familiarly called and Mr. 
Kyle built the old Leavenworth hotel in the summer of 1854 on 
the northwest corner of Main and Delaware streets. They kept 
the same for a year or more. The hotel was on the high bank 
some twenty feet above the present grade of Main and Delaware 
streets. It was a two-story frame building and basement 24x40 
feet with front end towards Delaware street. It was the first 
hotel building in the territory and quite popular and well kept. 
The first election for delegate to Congress in the fall of 1854 vras 
held here when our friends from Weston and Platte county came 
over so generously by the hundreds and elected Gen. Whitfield . 
Indian agent of the Arappahoes, as our first member of Congress. 
A number of other elections and many public meetings were held 
at the hotel. Mr. Kyle returned to Weston and kept a grocery 
store for some years. After the war he came back to Kansas 
and settled at Lansing, where he and his wife kept a boarding 
house for the officers of the penitentiary for a number of years. 
Mr. Kyle and his good lady left about the 15th of May last to 
visit their son, A. T. Kyle, Jr., a prominent and wealthy citizen 
of Falls City, Montana. They expect to be absent for a year and 
may remain there permanently. Since the above was written 
Mrs. Kyle has died. 

"The only remaining member of the original Town Company 
is H. Miles Moore, who resides in this city and has so resided 
here since its first settlement, except while serving in the Union 
Army. He was a practicing lawyer at Weston, Mo., and had been 
for some years at the time the territory of Kansas was organized. 
He originally came from Rochester, New York, where he studied 
law and was first admitted to the bar. Passing over his varied 
and exciting life in Missouri, he early took a very active and 
prominent part in the settlement of the territory and in the for- 
mation of the Free State Party, of which he was a leading and 



22 Early History of Leavenworth City and County. 

positive member of the Topeka Constitutional Organization 
from its first inception and also the other constitutional move- 
ments up to the admission of the state into the Union. The 
history of early Kansas is his history of which he took so active 
a part and endured so much with other patriots that Kansas 
might become a free state. A series of articles were written by 
Mr. Moore and published in a local weekly paper a few years ago, 
giving a full and complete early history of Leavenworth from its 
first settlement, but the work was not completed owing to cir- 
cumstances beyond his control. It is hoped Mr. Moore may 
finish this important work at no distant day, as no one is so well 
qualified to write a truthful history of the early settlement of 
the town as a person who was present and took an active part in 
its formation and development." — The Union. 

Time and space will not permit a review or even reference to 
all the members of the original Town Company, neither would it 
be interesting and profitable to do so at this time. We will only 
speak briefly of a few of the more prominent ones that we have 
not already referred to in this article. 

Judge L. D. Bird, a New Yorker by birth, was a resident 
of Weston and had been for a number of years prior to the settle- 
ment of Kansas, a leading lawyer and a man of wealth and high 
standing in the community. In addition to his interests in this 
town, he was also one of the leading share-holders of Atchison, 
to which town he moved from Weston in the early settlement of 
that city, where he died, as he had lived, a leading and highly re- 
spected citizen and prominent lawyer. 

John C. Gist, a son of General Geo. W. Gist, also lived north 
of Weston when this town was laid out, and was a farmer. He 
came over here with his family among the first settlers and occu- 
pied a tract of land known as "Russell's survey of out-lots," west 
of the town near 20th street. He afterwards sold out and moved 
to his farm in High Prairie township, where he lived over forty 
years, one of the most honorable and leading citizens and farmers 
of this county. He passed away about five years ago, leaving a 
highly respected widow and several worthy sons and daughters 
of a noble sire. 

Oliver Diefendorf, another New Yorker by birth, went to 
Illinois when a young man, studied law in Judge Douglas' office, 
was a First Tjieutenant and Quartermaster with General Taylor 



Leavenworth, the Oldest Town in the State. 23 

in the Mexican war; came to Weston in 1849 and opened a law 
office. Mr. Moore and he were law partners there for several 
years. He was one of the board of trustees of the Town Company. 
When Hon. John Calhoun was appointed Surveyor General of 
Kansas and Nebraska, Mr. Diefendorf and Major F. Hawn^ father 
of Judge Hawn, so long and favorably known for years as a geolo- 
gist and discoverer of coal under our city, and to whom we are so 
much indebted as a people; both being brothers-in law, they went 
with Gen. Calhoun as clerks in his office, here, at Omaha, Wyan- 
dotte and Lecompton until the office was closed. Mr. Diefendorf 
then came back to this city, was County Clerk for a long time 
and was then elected Probate Judge of this county for several 
years. He died in this city some fifteen years ago, greatly re- 
spected by all who knew him. 

Elder W. G. Caples, a leading elder in the Methodist church 
in N. W. Missouri, held the first religious service on the townsite 
in the summer of 1854 under the shade of a grove on the banks 
of the river near where the Denton Elevator now stands. 

Rev. Fred Starr, another New Yorker and son of Frederick 
Starr, a wholesale furniture dealer in Rochester, N. Y., was a man 
of great energy of purpose and an able Presbyterian Divine. He 
was located at Weston at the time of the settlement of Kansas. He 
was an earnest Free State man for this territory, although prudent 
and discreet in the expression of his sentiments. Unless we are 
incorrectly informed Rev. Fred Starr, one of the Faculty of the 
Chicago University and the man who has just discovered the ' ' Yel- 
low peril" in the East, is his son. 

W. S. Murphy, better known as Capt. Dick Murphy, formerly 
a captain in the Mexican war under Gen. Doniphan, was a promi- 
nent citizen of Weston. He and Capt. Sim Scruggs built and 
owned the first saw mill in town. 

Amos Rees, Esq., one of the leading lawyers of Platte City, 
was a member of the Board of Trustees of the Town Company 
and for years a leading lawyer in this city. He died a number 
of years ago, leaving a widow and several children. Who in town 
has not seen or does not know honest Lou Rees, a No. 1 druggist 
and Grand Scribe of the Grand Encampment of Kansas, I. 
O. O. F., of this city, the oldest son of Judge Amos Rees. 

Dr. S. F. Few came here with his wife from Virginia and 
settled early in 1855. He was one of the leading physicians and 



24 Early History of Leavenworth City and County. 

most highl}' respected citizens of the town. He died several 
years ago, leaving a widow (who has since followed him) and sev- 
eral married daughters and grandchildren, residing here, others 
in St. Louis, Chicago and Cleveland, and all among the most 
highly respected citizens here and in the other cities where they 
reside. 

Major E. A. Ogden was Quartermaster at Fort Leaven- 
worth in 1854 and was one of the most prominent and active 
members of the Town Company. He was transferred to Fort 
Riley and built that post. He died there with cholera in 1856, 
loved and respected by all. A monument was erected to his 
memory at that post. 

Uncle Geo. Keller, as everybody knew and called him here 
in those days, was a genuine Kentucky-Missourian, honest, brave, 
noble, generous to a fault, a true friend and a most worthy citizen. 
He lived just above Weston, was a farmer, came over in June, 
1854, and had (charge of opening up the streets and cleaning the 
brush and timber off the townsite. He and Mr. Kyle, his son- 
in-law, built and kept the first hotel in town. To write of the 
early settlement of Leavenworth and not give Uncle Geo. Keller 
and family a most prominent place, would be like the play of 
Hamlet with Hamlet left out. After he sold out the Leavenworth 
Hotel, he kept the Fisher-Parry Hotel in 1856, afterwards the old 
' ' Mansion House , ' ' southwest corner of Fifth and Shawnee streets. 
The Pro-Slavery men of those days dubbed it ' ' Abolition Hill and 
Hotel. ' ' It was the headquarters for the Free State men of the 
city. 

Messrs. Howard and Sherman, the Free State members of 
the committee sent out by the House of Representatives in 1856, 
to investigate and report upon the prior elections in Kansas, 
stopped here during their stay in Leavenworth, and a red hot 
time it was, so the record shows. 

An interesting incident occurred in later years in the city in 
which Uncle George and family were the prominent actors. A 
celebration of old settlers of the city was being held in Odd Fel- 
lows ' hall. Hon. Alex Caldwell w^as chairman of the meeting and 
made an address. Other speeches were made by several gentle- 
men. Judge R. R. Rees read an original poem; music by the 
band ; singing by a select quartet ; altogether a grand affair. But 
the most pleasing incident of the occasion was the one above al- 



Leavenworth, the Oldest Town in the State. 25 

luded to. The appearance upon the platform of Uncle George 
and Aunt Nancy, his wife, (as she was familiarly called; A. T. 
Kyle and his wife, daughter of Uncle George and Aunt Nancy; 
James M. Allen (the present popular agent of the Chicago, Rock 
Island liy. in this city) and his beautiful and accomplished wife 
(since deceased), nee Cora Leavenworth Kyle, daughter of A. T. 
Kyle, and the first child born in this city. Mrs. Allen at that 
time held in her arms her infant daughter Katey, now wife of 
Prof. Gilsen of St. Joseph — four generations of one family. 

Uncle George was one of the members of the first Free State 
Territorial legislature of 1857 and 1858 elected from this county. 
He was afterwards appointed Warden of the state penitentiary 
at Lansing. Uncle George shortly afterward moved to his farm 
near Springdale, where he died many years ago at a ripe old age, 
highly honored and respected by all who had the pleasure of his 
acquaintance. 

There are but few families of persons residing here now, who 
lived here even in 1855 and 1856. We call to mind J. W. Skin- 
ner, Esq., who had the first lumber yard in the town in 1855 and 
was steamboat agent for a number of years, office on the levee. 

Jas. L. Byers, Esq., had a grocery store on Cherokee street 
in 1854. 

The widow McCracken, wife of Nelson McCracken, kept a 
grocery store on Delaware street in 1855 and 1856. M. S. Grant, 
Esq., was one of her clerks, and O. B. Taylor of the First National 
Bank, was bookkeeper later on. 

We have spoken of Amos Rees and the Few families. 

Fred Hunt, County Auditor, son of Gen. Hunt, Paymaster 
at Fort Leavenworth, was here in 1855, also Judge H. W. Ide and 
Mrs. Catherine Mills. 

There are, no doubt, a few others who were here in 1855, 
whom we do not call to mind at this moment, but none of 1854 
save one as above mentioned. 

What a mighty change has been brought about in fifty years. 

Truly, Tempus fugit. 



CHAPTER II. 



Kansas Emigration. Rapid Settlement of Leavenworth. 
Trouble About the Title to Our Townsite. 

BY the first of August, 1854, the news of the rapid settlement 
of the eastern portion of Kansas by the people of Missouri 
had spread to the east, and settlers from the free states, 
east of the Mississippi river, commenced pouring into Kansas by 
every steamboat that arrived from St. Louis and by wagons from 
Iowa, Illinois, Indiana and Western Ohio. Leavenworth was 
improving as rapidly as circumstances would permit. 

The Constitution for the government of the Association and its 
members had already been prepared by a committee and unani- 
mously adopted by the Association. The capital stock of the 
company, so to speak, which included the 320 acres adjoining 
the Missouri river on the east, the Military Reservation of Fort 
Leavenworth on the north, Three Mile creek on the south and ex- 
tending back from the Missouri river west, so as to include 320 
acres. The same being what is known and has been from the 
early settlement of the town as the "City Proper." This was 
divided into 175 shares. Each member of the Town Company 
was to be allowed five shares and fifteen shares were to be re- 
tained and placed in the hands of the trustees, to be disposed of 
from time to time by them, as in their judgment might be for 
the best interests of the whole Association. 

The object of this division of shares was to enable the mem- 
bers of the Town Company to sell one or more shares and thus 
bring new members and new interests into the Association, but 
no member was allowed to sell one or more of his shares, to any 
one, without the final consent and approval in open meeting of a 
majority of the members of the Association, and a transfer of 
said share or shares by the secretary on the share book of the 

26 



Kansas Emigration. 27 

Association, and each and every shareholder was compelled to 
sign the Constitution. Each share was to be entitled to twelve 
lots, in the original town site, to be alloted by as near of equal 
value to each share, as could be determined by a committee of 
three selected by and from the members of the Association; the 
lots were to be drawn by lot, in blocks of two, five or some other 
number, and at such time as the Association might from time to 
time determine. Each share at the first drawing was to have 
one first-class and one second-class lot on the Levee, Main, Dela- 
ware or Shawnee streets, east of Second street and to be as near 
of equal value as possible. 

There was to be no drawing of lots until the first public sale 
of lots, which took place October 9 and 10, 1854, as we shall 
presently show. Any shareholder desiring to build upon any 
lot, before the sale of lots above, or before the first drawing of 
lots, had the privilege by the consent of the trustees, and in no 
other way, and the lot st) built upon should be the choice lot to 
be awarded to one of his shares at the first drawing of lots. The 
width of the streets and alleys and the size of the lots having been 
determined upon by the Association, the trustees employed 
Maj. F. Hawn (of whom we shall speak more at length in connec- 
tion with our coal interests) to lay out the streets and alleys and 
stake off the lots and blocks. 

Lithograph plates were ordered prepared in St. Louis for 
distribution as soon as the survey was completed. The Town 
Company was expending large sums of money in clearing off the 
timber and brush and opening up the streets, under the direction 
and charge of Uncle George Keller, all of which money was raised 
by assessments upon the several shares held by the members of 
the Town Company, for it must be borne in mind that the ' ' City 
Proper" as it is now called, with the exception of a narrow strip 
of prairie between Choctaw street and Three Mile creek was as 
densely covered with timber, and as thick a growth of under- 
brush as can be found in the western country. 

The streets running east and west in the "City Proper" 
from Choctaw street on the south to Cheyenne on the north, were 
at the suggestion of Maj. E. A. Ogden, one of the town trustees, 
named after prominent Indian tribes in the west and south to 
preserve their nomenclature for all future time. Some of them 



28 Early History of Leavenworth City and County. 

were quite euphoneous in sound, commencing with Choctaw, 
Cherokee, Delaware, Shawnee, etc. 

In this connection I will add, I have been asked where ' ' Three 
Mile creek," got its name from and was called; the answer is, it 
was so named by army officers at Fort Leavenworth long years 
before Kansas was settled by white men. In measuring distances 
from any government Post or Fort for the purpose of counting 
distances for travel of the hauling freight for government by con- 
tractors, the distance was in those days measured by a rhodo- 
meter from the flag staff at the Fort or Post over the main trav- 
eled road or highway between the points, and prominent points 
or stream crossings, noted and learned on the route and marked 
on the map or plat and a copy filed in the Quartermaster General 's 
office at Washington. In this instance, on the great government 
route or highway from Fort Leavenworth to Fort Scott and south 
the first crossing was One Mile creek, and then Two Mile creek, 
or Coral creek, on the Reserve, then along what is now called 
Broadway in the city to the crossing of Three Mile creek, thence 
to Five Mile creek in the south part of the city; thence along the 
same road to the crossing of Seven and Nine Mile creeks this side 
of Fairmount, in this county, and so on noting all the streams, as 
they crossed them, to the terminus of the route. 

Owing to the prejudice which existed at Weston against our 
town the more violent of the Pro-Slavery men, and also the jeal- 
ousy of Atchison and Kickapoo, who were our rivals, they being 
situated on the Kickapoo lands which were subject to private en- 
try, while Leavenworth was located on the Delaware Trust lands, 
which were not subject to the same provisions, but by the terms 
of the treaty were to be sold to the highest bidder for the sole 
benefit of the Indians. 

Some of these Atchison and Weston friends had taken the 
trouble to inform the Indians that we were all thieves- and rascals 
and that we had squatted on their lands without any authority 
and would soon have their land all gobbled up, etc., etc. This 
so excited the Indians that they commenced making complaints 
to the Indian department at Washington through their agent. In 
the meantime Maj. Ogden, quartermaster; Maj. Machin, pay- 
master; Gen. F. E. Hunt, late assistant paymaster general; then 
Captain of Artillery; Dr. Samuel Phillips, surgeon; Gen. Magru- 
der. Gen. B. C. Card, then Lieutenant Card, Gen. R. C. Drum, then 



Kansas Emig-ration. 29 

Lieut. Drum, Lieut. Robinson, Gen. Joseph E. Johnstone, late of 
Confederate fame, and many other officers at Fort Leavenworth, 
had become interested in the town by the purchase of shares of 
members of the Town Company. 

An order came from Washington to the Mihtary at the Fort 
to drive us off; thus we were phxced in an unfortunate predica- 
ment between two fires, or the devil and the deep sea. We got 
the order delayed until we could make a showing. A committee 
from the Town Company was sent down to talk with the Dela- 
ware Indian Chiefs and get them to understand our position. 
After they became fully satisfied that the Town Company, as 
well as the settlers on their lands, which comprised at that time 
by far the largest portion of their county of Leavenworth open to 
settlement, were disposed to respect their rights and would pa}- 
the price fixed by the government, or which it might sell at pub- 
lic auction, they became reconciled. 

^ , An attempt however, was afterwards made, as I may have 
occasion to show, by Indian Commissioner Mannypenny, by ma- 
ligning the character of certain officers at Fort Leavenworth, and 
as was charged attempting to blackmail the Town Company to 
bring the settlers on the Delaware Trust lands and the Town 
Company into trouble with the Indians, and also the government 
at Washington. 

At the time first above referred to, a petition and statement 
of our grievances was gotten up with great care, and Judge L. D. 
Bird was dispatched to Washington to lay the same before the 
President and the Departments. Suffice it to say, at this time, 
the mission was successful and we were not removed. 

"The Kansas Herald," a weekly newspaper bearing the 
above title was issued from Leavenworth. The first number 
bears date of Leavenworth, Kansas, September 15, 1856, pub- 
lished by Adams & Osborn. This was the first newspaper pub- 
Hshed in Kansas. The first number was issued, type set and 
paper struck off, from beneath the umbrageous shade of the his- 
toric old ' ' Elm Tree, ' ' which stood for several years after, near 
the northwest corner of Cherokee street and the Levee or Front 
street. Adams was one of the original thirty-two members of the 
Town Company, a son-in-law of Gen. George W. Gist, a brother- 
in-law of Hon. John C. Gist, who lived and lately died at High 
Prairie township, of whom we have previously spoken. 



30 Early History of Leavenworth City and County. 

Osborn^ the other publisher, was a mere cipher on the 
paper, he remained connected with the paper but a short 
time, and was afterwards a U. S. Deputy Marshal under 
I. B. Donaldson, and made himself very officious in doing the 
dirty work of his masters in arresting and persecuting Free State 
men. He finally floated off with the rest of the scum that had 
gathered on the boiling tide of the Kansas caldron of 1855 
and 1856. 

I will further speak of the ' ' Herald ' ' in the next chapter, 
giving one or two incidents of the location and surroundings of the 
first office under the ''Elm Tree" as seen by a traveler, and also a 
racy description of the second office in the first building erected 
in the town. 



CHAPTER III. 



Incidents in the Early Settlement of Leavenworth 
(continued.) 

EARLY in September, about a month before the first sale of 
lots occurred. Rev. C. B. Boynton visited Leavenworth and 
described it as follows: "About thirty miles above the 
mouth of the Kansas river we came in sight of an entirely new 
object, unknown to all former experience, — a squatter city — 
Leavenworth City — three and a half miles below Fort Leaven- 
worth on the west bank of the Missouri. 

' ' In spite of the President and Cabinet and treaties, the city 
has squatted upon lands of the Delawares, over which Attorney 
General Gushing has declared Squatter Sovereignty has no juris- 
diction. Twelve hundred or more "Sovereigns" have already, 
it is said, set up their thrones on these Delaware lands; and how 
they are to be despoiled of their kingdom, is a question which the 
government will not easily solve. 

"A squatter city has little resemblance to any other city; it 
belongs to a distinct genius of cities. This is the largest and most 
important one, the capital, as many hope, of Kansas, and is 
therefore worthy of description. There was one steam engine, 
'naked as when it was born,' but at work sawing out its clothes. 
(This was Murphy & Scrugg's saw mill, just set up at the mouth 
of Three Mile creek, north side.) There were four tents, all on 
one street, a barrel of water or whiskey under a tree, and a pot 
on a pole over a fire under a tree, a type sticker had his case be- 
fore him, and was at work on the first number of the newspaper, 
and within a frame without a board on the side or roof, was the 
editor's desk and sanctum. When we returned from the terri- 
tory to Weston, we saw the notice, stating that the editor has 

31 



32 Early History of Leavenworth City and County. 

removed his oliice from under the ehn tree to the corner of Broad- 
way (aftenvards named Delaware) and the Levee. This Broad- 
way was at the time much broader than the streets of Babylon ; 
for with the exception of the 'Fort' there was probably not a 
house on either side for thirty miles. ' ' 

In form the "Herald" was a six column folio, "S2.00 in ad- 
vance. " In it Lewis N. Rees advertised his dry goods and gro- 
csries, northeast corner of J^roadway (Delaware) and the Levee. 
William (L Osborn, Bird & Miller, C. C. Andrews, A. W. Hazei- 
rigg, A. J. Whitney, C. W. Babcock, B. H. Twombly and C. Mc- 
Crea as lawyers; John Harvey Day, M. D. as a physician, and 
Samuel M. Lyons as a house joiner and carpenter. Mr. Osborn 
had his office in the ' ' Editorial room ' ' (frame) above described 
of the "Herald," that used to be under the elm tree, and was con- 
nected with the paper, but was a financial cipher, as above stated. 

The next number of the paper was issued on the 22d, from 
the new buildinij; (as above stated) which Mr. Adams had erected , 
the first in Leavenworth. Chas. Leib, M. D., the first physician, 
had located for practice in ' ' The big tent, ' ' north of the big elm 
tree. But although the Herald building proudly raised its roof 
as the pioneer structure of Leavenworth, its office even when fair- 
ly occupied was not a paradise of neatness and order, as will ap- 
pear from the following, which was written a short time after the 
issuing of its first number, by a gentleman from Baton Rouge. 
La., who visited the establishment: 

"A visit to the printing office afforded a rich treat. On en- 
tering the first room on the right hand, three law 'shingles' were 
on the door; on one side was a rich bed, French blankets, sheets, 
table cloths, shirts, cloaks and rugs, all together; on the wall hung 
hams, maps, venison and rich engravings, onions, portraits, and 
boots; on the floor was a side of bacon carved to the bone, corn 
and potatoes, stationery and books, on a nice dressing case stood 
a modern tray half full of dough, while crockery occupied the 
professional desk. In a room on the left, the sanctum, the house- 
wife, cook and editor lived in glorious unity, one person. He was 
seated on a stool, with a paper before him on a piece of plank, 
writing a vigorous knock-down, on an article in the "Kickapoo 
Pioneer," a paper of a rival city. The cook stove was at his left 
and tin kettles all around him: the corn cake was a-doing and in- 



Incidents in the Early Settlement of Leavenworth. 33 

stead of scratching his head for an idea, as editors often do, he 
turned the cake and went ahead. ' ' 

In pontics the Herald was Democratic at its commence- 
ment, but it afterwards became intensely Pro-Slavery under the 
editorial management and proprietorship of Gen. Lucien J. East- 
on, formerly of Chillicothe, Missouri. He died a few years ago 
at Glasgow, Mo., a gentleman of good editorial ability and highly 
esteemed. He was a leading and influential member of the First 
Territorial Council from this county in 1855 and 1856. Of 
H. Rives Pollard, Assistant Editor and the fiery Virginian, I will 
speak bye and bye. 

I may have occasion to speak further of the Herald at 
some future time. The second issue of the paper was on the 22nd 
of September, 1854, from the first building constructed in town, 
then situated on the Levee on the east end of the second lot south 
of Delaware street, a one story cottonwood house 16x24, lot 10, 
block 2. Afterwards a two-story frame house was built on the 
Main street end of the same lot fronting west, and the Herald 
office was moved into the second story, stair on the outside. John 
Landis afterwards occupied the first building as a bakery and was 
burned out. The lot is now occupied by the Union passenger 
railroad depot and grounds. 

The very early facts connected with the town of Leaven- 
worth have been presented in the sketch of the Town Associa- 
tion heretofore narrated. Although by the latter part of Septem- 
ber, 1854, the Herald and its proprietors were safely housed 
in the first building ever erected in Leavenworth; although Lewis 
N. Rees had built his Httle store-house on the lot on the south- 
east corner of Delaware and the Levee; although Uncle Geo. Kel- 
ler and his son-in-law, A. T. Kyle, were about to open their Leav- 
enworth House on the southeast corner of Main and Delaware 
streets, where John Joerger had his Missouri Pacific railroad 
ticket office; although the hotel was some thirty feet nearer 
Heaven than John 's late office was, owing to the lay of the land 
there, in those halcyon days; although Jerry Clark had erected a 
small dwelling house— the first dwelling house in town— on the 
southwest corner of Fourth and Walnut streets, where the Carney 
house now stands, which house is still standing on the alley be- 
tween Fourth and Fifth streets and Olive and Spruce streets, 
where it was moVed several years ago,— still the first families had 



34 Early History of Leavenworth City and County. 

not located in Leavenworth until those of Adam and George 
Fisher made their appearance. Having brought some lumber 
with them from St. Louis, they erected a shed on the Levee, 
just east of Cherokee street, in which they lived until they could 
get a house built. Both of them did much for the development 
of Leavenworth. Adam, especially, was one of the most ener- 
getic, capable and public spirited men who ever lived in the city. 
He was a city councilman two or three terms, built some five or 
six dwelling houses and two hotels; several houses built by him 
are still standing in the city. 

When the Civil war broke out he went into the army. The 
latter part of his life he lived on a farm in Virginia and later in 
Washington City, where he died about a year ago. His brother 
George settled on a farm on the Lawrence road, now occupied by 
his son-in-law, Ex-Sheriff Flora, where he died about two years 
ago, a highly respected citizen of the county. When they first 
settled in Leavenworth, in October, 1854, Mrs. George Fisher, 
who still lives in the city, carried in her arms the first baby which 
had ever blessed the community — her three months old boy. 

One of the earliest and most valuable institutions of Leaven- 
worth in the way of buildings, which commenced to flourish at 
this time, was the saw-mill of Murphy & Scruggs, at the mouth 
of Three Mile creek, north side; I advanced them the money to 
pay the steamboat freight bill, $96.00, and took my pay a long 
time afterwards in cottonwood lumber at $35.00 a thousand. 
Capt. W. S. Murphy and Capt. Simon Scruggs were partners and 
completed the mill in the fall of 1854, so that they were able to 
issue the following advertisement in October: 

' ' Murphy & Scruggs have erected and have in successful 
operation at Leavenworth, K. T., a large steam saw-mill of the 
most approved model, and with all the recent improvements. 
They are ready to fill bills for lumber of every description and in 
quantities at short notice, and on favorable terms. ' ' 

This was the first saw-mill not only in the county, but 
in the territory. Although they made considerable money, the 
death of Capt. Murphy, and the subsequent legal complications, 
so disarranged and consumed the partnership property, that 
Capt. Scruggs lost nearly all his share in Leavenworth and retired 
to his farm near Kickapoo, where he died several years ago. 



Incidents in the Early Settlement of Leavenworth. 35 

But to return. The day before this advertisement appeared, 
a very important incident for the town occurred. This was the 
opening of the Leavenworth House, the first hotel in the ter- 
ritory. The steamer Polar Star, from St. Louis also brought 
up Governor Reeder, of Easton, Pa., the first governor of the terri- 
tory of Kansas. I shall only refer briefly to Governor Reeder in 
this connection and only so far as he was connected with our town 
at the time, as I have fully and in extenso reviewed his reign and 
its sequel in my former sketches of Early Kansas Governors. 

The First Store-Houses in the Town. 

As we have stated in a previous sketch, the first store-room 
erected in the town was in the summer of 1854, by Lewis N. Rees, 
on the northwest corner of Delaware street and the Levee, where 
the Union railroad depot now stands. It was a general store 
with a liberal stock of goods of all kinds suitable for the trade of 
a new country. It was a frame building 24x40 feet, with a ware- 
room about the same size in the rear towards Main street. Mr. 
Rees was also the first postmaster in town and kept the 
office in his store at the above place for a number of years until 
a new postmaster was appointed, and the office was moved up on 
Main street nearer the business center and more accessible to the 
public as the town increased in population. 

The next store, if I mistake not, was that of Englemen Broth- 
ers on the Levee about the middle of the block, between Delaware 
and Cherokee streets. It was a grocery, and steamboat stores, with 
fresh meat occasionally. This was in the fall of 1854. They 
remained here at the same place about two years and then re- 
moved to Lawrence. I do not call to mind the order in which 
other stores were established. In 1854 and 1855 the following 
stores commenced business: Nelson McCracken, on Water street, 
near Choctaw, he afterwards moved upon Delaware street, north 
side; first built a stone store-house. In digging for the founda- 
tion of a house on the east side adjoining, the east wall of Mc- 
Cracken 's store became so weakened that he had to take it down 
which he did, and rebuilt the three-story brick now standing, oc- 
cupied by Wm. Parmelee as a mattress factory. Adam Fisher 
had a general store, southwest corner of Water street and Chero- 
kee. James L. Byers and M. M. Jewett had a grocery store on 



36 Early History of Leavenworth City and County. 

Water street near Choctaw. White & Fields had a dry goods 
store on Water street below Cherokee street. All the lots front- 
ing on Water street where these stores and J. W. Skinner's 
steamboat agency and lumber office stood, are now occupied 
by the Union Pacific R. R. freight office buildings and sheds. 
A. M. Clark (afterwards A. M. and M. E., bankers) had a grocery 
store on Cherokee street, south side, west of Third street; Cohn & 
Abel, general store on Water street, south of Cherokee street; 
Col. J. C. Clarkson, general store, southwest corner of Cherokee 
and Second streets. Hall & Wolcott, dry goods store, south side 
of Cherokee street between Second and Third streets; George 
Russell, stove and tin store, east side Main street near Delaware 
street; Strass, Block & Rosenfeld, dry goods and clothing, be- 
tween Third and Fourth streets, on south side of Cherokee street; 
Shannon & VanDoren, general store on Cherokee street between 
Second and Third streets; James Dixon, dry goods, on Cherokee 
street between Second and Third streets; Meyers' Grocery on 
Levee, north of Cherokee; Phillip Rothchild's clothing store on 
the Levee, north of Delaware street; E. Cody, grocery store, west 
of Main street between Delaware and Cherokee streets; R. E. 
Allen, drug store on Main street, west side, north of Delaware; 
Wm. Russell's dry goods and plain outfitting store, on east 
side of Main street where Bittman & Todd's wholesale grocery 
store now stands. This was the largest establishment of the kind 
on the Missouri river above St. Louis. 

There were other stores whose names and location we do 
not now call to mind. Of course saloon and gambling houses 
flourished in all river towns in those early days and were run 
wide open, bridle over the head, and lid off entirely. 

As will be seen by the above, most of the business of the 
town, in 1854 and '55 and for several years after, was done near 
the river on the Levee and Water street. Main and Cherokee 
streets and the lower end of Delaware and Shawnee streets be- 
tween Main and Second streets. The steamboats on the Mis- 
souri river were the great highway of communication for travel 
and freight with the outside world. It was no uncommon sight 
to see four and five steamboats at the Levee at one time, in those 
early days, loading and unloading freight of all kinds, and pas- 
sengers. The great freighting firm of Majors, Russell & Waddell 
and later Alex Caldwell, Irving & Jackmen received most of their 



Incidents in the Early Settlement of Leavenworth. 37 

government freight and started their almost endless trains across 
the plains from this point. Later the Pike 's Peak Express started 
from here. Those were lively days in the old town. 



CHAPTER IV. 



Gov. Reed ER 's Arrival IN Kansas. Col. A.J.Isaacs Attorney 
General. Other Incidents. The First Church Service 
IN Leavenworth. The First Squatter Trial in Kansas. 
Squatter Meeting in Leavenworth. 

TO continue the narrative, at the close of our last chapter. Gov. 
Reeder did not come to Leavenworth at first , but stopped 
at the Fort, and undoubtedly he escaped being made a pris- 
oner of war by the hospitable people of Weston, Mo. Great prepa- 
rations had been made to receive him at Weston, a little scheme to 
capture him in advance, but his stopping at the Fort greatly dis- 
appointed the Weston boys. Col. A. J. Isaacs, of Alexandria, 
La., (whom I had previously met, when I resided in that state, 
prior to my living in Weston) the newly appointed Attorney Gen- 
eral of the territory, accompanied him. In the afternoon a dele- 
gation of citizens waited upon the Governor at the Fort, and a very 
respectable crowd, in numbers at least, had assembled at Capt. 
Hunt's quarters. Dr. Leib, late of Illinois, but a citizen of Kan- 
sas and a resident of Leavenworth, addressed the Governor in 
behalf of the citizens of the territory there assembled. The 
governor replied in a neat, happy but brief speech, after which 
the champagne flowed generously. 

Of Col. A. J. Isaacs, who lived here in Leavenworth until his 
death a number of years ago, it is but justice to his memory in 
this connection for me to say, that although Southern born and 
raised, during the entire time he occupied the responsible posi- 
tion of Attorney General of the Territory of Kansas, and during 
our entire troubles. Col. Isaacs never said or did aught to injure 
Free State men or attempted to deprive them of their full rights 
and privileges under the law. He was never guilty of prostitut- 
ing his high office (as I regret to say some other Kansas officials 

88 



First Church Service in Leavenworth. 39 

of that day did) to the injury and disparagement of any person. 
While all knew his natural predilictions were in favor of making 
Kansas a slave state, he always counseled moderation and 
liberality to all. He bore himself in a high-toned generous, chiv- 
alric manner towards all men without distinction of party. He 
occupied his official position with honor and credit to himself 
and lived and died in our midst, beloved and respected by all who 
had the pleasure of his acquaintance. An able lawyer, a true 
friend, a kind and devoted husband and indulgent father, the 
embodiment of a true cultured, courtly Southern gentleman and 
a most worthy and highly respected citizen. 

Our Town Company had a strong religious element in its 
organization owing to the predilictions of Gen. Gist, who as he 
was the father of the movement, claimed the right to name 
among the first members of the company, a liberal number of 
ministers and laymen, especially of the Methodist persuasion, 
of which the General was a devoted member, with a fair sprink- 
ling of lawyers and world's people. As I divided the sheep and 
the goats, there were in the flock, ministers three, lawyers four, 
doctors five, printers two, merchants four, surveyors one, army 
officers two, army clerks one, and farmers eight, and all more or 
less of a religious turn of mind, so we sort of early mingled our 
town affairs with a small leaven of religion as we no doubt needed 
it. 

The first church service and preaching held in the city, was 
by Elder W. G. Caples, one of the original members of the Town 
Company, on Sunday, the 8th of October, 1854, in the open air 
under the shade of a large tree, on the bank of the Missouri river, 
to quite a number of persons, the precise locality I cannot now 
recall, although I was present. I think it was near where the 
Kansas Central elevator now stands or a short distance north, 
nearer the reserve line, I may be mistaken and should be pleased 
to be corrected by any one who was present. Elder Caples was a 
Presiding Elder of the Methodist church South, in the Platte 
district, at the time, a relative of Gen. Gist. He died some 
twenty years ago at or near Glasgow, Missouri. The next re- 
ligious services held in the town was a short time afterwards, 
and conducted by Rev. Father Fish, I think, a Catholic priest of 
Weston, Mo., at the house of Andy J. Quinn, on Shawnee street, 
south side, between Second and Third streets. 



40 Early History of Leavenworth City and County. 

Of good Bishop Meige, who came here quite early, and his 
labors, I will speak at some future time. 

The first squatter trial held in Kansas. As an instance 
of the way in which squatter law was enforced by the 
courts in Kansas and especially in Leavenworth county previous 
to the arrival of the Governor and other territorial officers, I will 
briefly relate a single incident, which came under my own obser- 
vation. On Tuesday, the 20th day of September, 1854, I was 
employed by Capt. J. W. Martin (afterwards celebrated as cap- 
tain of the Kickapoo Rangers) to go to Salt Creek to attend a 
squatter court for the trial of the right to a certian claim, between 
Capt. Martin and a man whom it was charged had jumped the 
claim during Martin's absence at Liberty, Mo., for his family. 
A jury of arbitrators were empaneled by each party selecting one, 
and the President of the court acting as the third, and a gay 
jTcourt it was. Witnesses were duly sworn and the case proceeded 
regularly, arguments and occasional "smiles" by the counsel 
of the respective parties and the judicial department and the 
case was submitted. After due deliberation, and several spirit- 
ual manifestations from ' ' Brown Betsy ' ' not Blackstone, the 
court made the unanimous deliverance that Capt. Martin was 
entitled to the claim, and an order of restitution was then issued 
,to the marshal of the squatters court, Malcolm Clark, Esq., that 
he"put the trespassers off the claim, and put Martin in possession. 
As it was late when the order was issued, the marshal deferred the 
execution until the next morning. In the meantime he summoned 
a posse to go with him the next morning and execute the order. 
He summoned them from the settlers who were there, (and not 
as Sheriff Jones in after years, was in the habit of doing, summon- 
ing them from the state of Missouri) including myself, having 
been the winning attorney. He said it was my duty to go along 
and see and if necessary assist in executing the order of the court. 
This I believe was the first case tried under the squatter's court, 
at least it was my first case. The next morning by nine o'clock 
the marshal and his posse were on hand to see the majesty of the 
law maintained and enforced. We repaired to the claim and 
found the woman and children in the cabin but the man had 
fled to the brush and left the old woman to fight it out, and 
' ' right well ' 'did she maintain her position, and a rich time we had. 
Neither the marshal nor his posse felt in a humor to fight a woman, 



The First Squatter Trial in Kansas. 41 

and she swore they would take her out dead before she left. After 
a good deal of coaxing, some threats and considerable force, we 
succeeded in getting her, her children and household goods, 
(plunder as it was called) into a wagon and set them out on the 
prairie and off the claim. She threatened to burn the cabin that 
night or as soon as we left, and Martin was obliged to hire a couple 
of men to watch it until he could get his family there from Weston. 

Squatter Meeting in Leavenworth. 

Owing to the continued complaints to which I referred in 
my last article, made by the Delaware Indians and other parties, 
who appeared to be greatly exercised by the success of Leaven- 
worth, as the town was progressing rapidly, it was thought ad- 
visable to call a squatter meeting composed not only of those who 
were interested in the town, but the squatters generally who 
had settled on the Delaware Trust lands, in what is now a large 
portion of Leavenworth county, and take some decided action. 
Accordingly a meeting was called to be held at Leavenworth on 
Friday, the 29th day of September, 1854. A large crowd assem- 
bled, as it was a vital question to all of us. The meeting was 
duly organized and a committee on resolutions appointed, of 
which I had the honor to be one. We reported in a short time, and 
another committee appointed, of which H. Miles Moore was chair- 
man, to prepare a memorial to the President and Congress, setting 
forth our situation and grievances, and the great injustice which 
by the Delaware treaty was being imposed upon us. The settlers 
on the Kickapoo lands adjoining, were allowed by the terms of 
the Kickapoo treaty, to pre-empt their land at $1.25 per acre, 
and our land was to be appraised and sold to the highest bidder, 
really offering a reward for swindling the Indians by combination 
among the settlers, to prevent the lands bringing more at least 
than the government price for pre-emptable lands, which we 
were all willing to pay. Our memorial prayed that the treaty 
be so modified as to extend the pre-emption law of 1841 over the 
Delaware Trust lands. 

Although we did not accomplish our wish at that time, we 
did by a combined effort afterwards and by interesting the territorial 
officials, and perhaps some parties at Washington we succeeded 
in having the lands and townsite sold at Fort Leavenworth in 



42 Early History of Leavenworth City and County. 

opposition to Indian Commissioner Manny Penny and some 
personal friends who wished and came very near having the sale 
made at St. Louis and Washington, as they plausibly said to avoid 
squatters on the lands to rob the Indians. 



CHAPTER V. 



Settlement of the Delaware Lands in Leavenworth County, 
Public Sale of Lots at Atchison. First Days of Pub- 
lic Sales of Lots. Highest Price Lots Sold That Day. 

AT the time of the sale of the lands referred to in my last, 
many of the squatters had permanent, lasting and valuable 
improvements upon the lands, having occupied and farmed 
them over two years. The townsite was not sold for over a year 
after the outside lands were sold,as I shall hereafter show, and then 
at an outrageous valuation considering the fact that the Town Com- 
pany by their money and energy had given the lands their in- 
creased value over ordinary wild lands. Of course had the lands 
or townsite, or either of them been sold at St. Louis or Washing- 
ton or at any other point where they were sold, or in this vicinity, 
the settlers and the Town Company would have lost their all. 
Does anybody believe that Manny Penny and his satellites would 
have robbed the Indians? Of course not. Men of that stripe 
have not been engaged in that laudable, praiseworthy and Chris- 
tian enterprise for the last thirty-five 3^ears in even holy Kansas 
and elsewhere, vide Brothers Harlin, Pomeroy, etc. No, but 
they would not hesitate to rob the poor settler, who had pene- 
trated these, then Indian wilds with his family, and by his 
industry, energy and enterprise had built him a little cabin, and 
was industriously making himself and his family a home in the 
wilderness; and by whose untiring efforts, had sprung into exist- 
ence as if by magic, a full panopled and mighty common- 
wealth. We were glad, willing and anxious to pay the Indian all 
his land was worth when we took it, although it was as I said be- 
fore, appraised outrageously high afterwards. The settlers and 
Town Company paid the price without a murmur, only demanding 
as a right that they get it at the appraised value, which they did, 

43 



44 Early History of Leavenworth City and County. 

I am happy to chronicle, in most if not all cases. For the 
320 acres which comprised the now city proper the Towii Com- 
pany paid Mr. Lo over $24,000. Of all of this I will speak more 
in the future when I reach those sales, if my readers do not 
weary of these hasty, though dull and prosaic sketches. 

Although in these sketches, we are giving the early settle- 
ment of Leavenworth and incidents connected therewith, it may 
not be entirely out of place to give a slight notice of the first pub- 
lic sale of town lots at Atchison, a rival town of Leavenworth, as 
the three towns, Atchison, Kickapoo, and Leavenworth were 
sort of triplets, having sprung as I have previously said, from 
a common mother, old Mrs. Weston, of Platte county, Mo. While 
our triplet sister Kickapoo was always a little runty, for a number 
of years she was a very loud and noisy little cuss, making as much 
music as a pig caught under a rail fence, a great wind jammer, 
and above all things, a most able-bodied voter; alas and alack, 
how are the mighty fallen. 

The First Public Sale of Lots at Atchison. 

On the morning of the 21st of September, 1854, the steamer, 
New Lucy left Weston carrying quite a crowd to attend a 
public sale of lots at Atchison on that day. This was the first 
public sale of lots of any town in Kansas. Atchison, as I have 
previously stated, was then the rival of Leavenworth, and was 
intensely Pro-Slavery, and continued to be the headquarters of 
' ' Border Ruffians," as they were called, and of all emigrants and 
bands of men from the South who came to settle in or subdue 
Kansas, as the case might be, and perhaps the rivalry has not en- 
tirely ceased on the part of the towns even at the present day, 
but if any does exist, thank God it is a generous and high-minded 
rivalry, not the base and sordid kind. But in those days different 
motives actuated the parties; then Leavenworth was charged 
with being an Abolition town, and Atchison the embodiment of 
the other extreme and right well did she maintain her position, 
as the "Squatter Sovereign" from the day of its birth, till the 
hour of its dissolution fully proved. See also the trials of Rev. 
Pardee Butler at the hands of his friends in that town, and other 
cases of persecution for opinions sake. This continued to a 
greater or less degree until after the defeat oil the Lecompton Con- 



The First Public Sale of Lots at Atchison. 45 

stitution^ and the entry of Pomeroy, McBratney and other Free 
State men into the town to save it from the Pro-Slavery defeat and 
early demise. 

At the urgent request and solicitation of the very men who 
for long years had prided themselves upon the fact that no Aboli- 
tionist or Free State man had darkened the doors of any house 
in that town or eaten a ' ' square meal, ' ' within its sacred pre- 
cincts or pressed the feathers of any couch in that lovliest city 
of the plain, except they formed a coat on his back, stretched on 
with old pine tree staple commodity. The Herald of Leaven- 
worth, not to be outdone in loyalty to the South and her insti- 
tutions by the Squatter Sovereign, vied with that paper and the 
Kickapoo Pioneer, aided by the voice and influence of many 
of her then citizens, to cast off the pretended stigma which she 
feared was being cast upon her of being a Free Soil or Abolition 
town, as I shall show in the future, in the treatment of Phillips 
and a number of others who suffered indignities at the hands of 
the Pro-Slavery mob, who at times controlled Abolition Leaven- 
worth, as she was sometimes called by her pretentious sisters, 
Atchison and Kickapoo and her half-sister, Delaware. Of these 
last two mentioned towns I may say a few words before I close 
these sketches, although at present, their once stately palaces 
have been removed by that fell destroyer time or that ever 
hungry Missouri river in the one case or Matt Boyle in the other, 
or if still standing are the abode of owls and bats. They once had 
a voting history and a thriving, busy population and vied with 
Leavenworth as a metropolitan town in the race for supremacy, 
at least on the county seat question. 

I now come to the second or most important event or epoch 
in the early settlement of Leavenworth, viz: the first public sale 
of lots in the town, which took place in this city on Monday and 
Tuesday, the 9th and 10th days of October, 1854. Considerable 
preparation had been made for this sale by advertisements and 
hand-bills and a considerable crowd assembled, many of whom had 
come from a distance for the purpose of attending the sale. The 
survey had been completed, the streets down town had been clean- 
ed of rubbish and marked with their names. Those parallel 
with the river had been numbered as far out as Seventh street. 
The cross streets were named after Indian tribes, commencing on 
the south with Choctaw, as we have previously shown. The 



46 Early History of Leavenworth City and County. 

streets parallel with the river are 60 feet wide and the cross streets 
60 and 61 feet wide except Delaware, which is 70 feet wide. 
The lots are 24 feet front by 125 feet deep, and there are 32 in a 
block, except a few in the lower blocks 110 feet deep as shown on 
the plat of the town proper. Through the center of each of the 
full blocks, runs an alley 14 feet wide. Seven blocks I believe 
were laid off next the river as warehouse blocks, the fronts of 
which were about 150 feet from the water edge. All the space 
between Main and the river except these several half blocks, 
were donated for a levee and esplanade. 

The terms of the sale were to be one-third cash in hand and 
the balance when the title was secured to the purchaser by the 
Town Company. The Town Company had already expended 
large sums of money by assessments upon the shareholders, and 
it became necessary to expend a good deal more to still further 
clear off the townsite, open streets, make a levee or landing, pay 
expenses for printing and lithographic maps, etc., and the share- 
holders did not feel like contributing further cash from their own 
pockets, to defray expenses which they believed a public sale of lots 
could and would be a success and aid in defraying the general ex- 
penses, and, again it was necessary to advertise their own lots, and 
this we thought was the most expeditious and profitable way to 
accomplish a double purpose; accordingly the plan of a public 
sale was adopted. How well it succeeded I will show presently. 
General George W. McLane, of whom I will speak at length, 
among one of the most interesting characters that have ever had 
a habitat in this city or in Kansas, a gentleman of the first water, 
was selected as auctioneer, and a trump card he was at all times. 
I being secretary of the Town Company at the time, kept a list 
of the sale of all lots sold, the price for which they were struck off, 
and the names of the purchasers. I have the original list in my 
hand writing, and the map or ink sketch from which McLane 
sold in my possession. But few lots either day were 
bid off by members of the Town Company, mostly sold to stran- 
gers and outsiders. Although the lots were but one-half the size 
of the lots sold in Atchison a few days previous, at their public 
sale of lots, they brought about double the price, one lot being 
but 24 feet wide and 125 feet deep and some only 116 feet deep, 
as both reports show. The first day 54 lots were sold, mostly on 
Main street and the Levee, and amount of sales the first day were 



First Public Sale of Lots in Leavenworth. 47 

tVTisVtr-' '™" '"^ '" '""'' '' '' «' ^^- >^' '3. 

to MTw ^rr "'""'"' '''°'" ""^ ''^'* ''•'P* by me above referred 
to. The highest price paid was for lot 3, block .3, where Catkin 

ftr ,350 tl C ::V°1 7' '"^ '""^ ""- ^»-<^- « ™- d 
G John %-,4^'^ ^TV .n u'"*' "■ ^- ■'^y- '0* 4, block 2, to W 
C. John, $345 and lot 10, block 2, to same party for J330 The 

-0 and 21, block 14, each $50, north side of Osage street next to 
alley between Main and Second streets. 



CHAPTER VI. 



Second Day's Public Sale of Lots in Leavenworth, October 
10, 1854. Judges Johnstone and Elmore, U. S. Terri- 
torial Judges. Death of Gen. Geo. W. Gist. 



THE second day's sales were fifty lots, and were sold from 
blocks 22, 23, 24, 25, 26, 27, 28, 29, 30 and 31 and one 
or two lots from 32 and 33. The highest price the sec- 
ond day was for lots 15 and 16 in block 25, C. A. Williams, pur- 
chaser, price $200 each lot. The lowest price paid for lots that 
day was for lots 15 and 16 in block 31 to C. Mundee, and $50 for 
lots 19 and 20 in block 31 to Clinton Cockrill, and $51 each for lots 
19 and 20 in block 32 to Peter Hanroons. 

The whole amount for which lots were sold both days was 
$12,000, terms: one-third cash in hand, and two-thirds to be paid 
when the title was assured from the Town Company or the United 
States. Purchasers gave notes for the two-thirds not paid, and 
the trustees gave bonds for deeds when titles were completed. 
Governor Reeder was present at the sale, and bought or caused 
several lots to be bought for him. The morning of the second 
day before the sale I went up with the trustees of the Town Com- 
pany to Fort Leavenworth where Gov. Reeder was stopping, 
and they directed me to transfer on the town books to him, five 
shares, which were held by the trustees for the benefit of the Town 
Company, calling for twelve lots each share (sixty lots) for the 
sum of $1,000 worth at least $4,000 then, now worth $75,000 to 
$100,000, to be paid for soon. I may add he also agreed, suhrosae, 
to put the capitol of the territory at Leavenworth, which latter 
part of the contract he afterwards, when he got the shares all safe 
and the lots all drawn, forgot to fulfill, but started another little 
capitol town speculation, as the history of Kansas will show, at 
Pawnee, near Fort Riley. Reeder was the first of the immaculate 



Incidents. 49 

governors^ who were so beautifully supplied in her territorial tute- 
lage. He always had an eye to the main chance. He was a gem 
of the first water, pure, serene, cats ' eye quality, perhaps a moon- 
stone. I do not think our books show that he ever paid the $1,000. 
If he did, he forgot the little capitol matter. The boys often 
laughed about the trick that Reeder had "Yankeed the trustees 
out of those town shares. ' ' 

A little incident occurred just at this time, which may be 
worth noting, the issuing of the first original warrant in the terri- 
tory. On the second day of the sale of lots, before the sale closed. 
Gov. Reeder was called away to issue a warrant for the arrest of 
one, Samuel Burgess, charged with having killed two men, Thomp- 
son and Davidson in Salt Creek valley. The kilhng proved to 
be a mistake howevjgr.- But I allude to this matter as I desire to 
give every public incident in those days in our town and county 
proper notice so far as I am able to give correct dates. If any 
,ggerson can satisfy me I am wrong, in any particular, I would take 
'*^t as a special favor to be corrected. In this instance I desire to 
mention that Col. John Doniphan, then a young attorney at 
Weston, Mo., an old friend of mine, now one of the leading mem- 
bers of the St. Joseph, Mo., bar, prosecuted Burgess, it being the 
first criminal prosecution in the territory. 

Another incident in town. The next day, the 11th of Oc- 
tober, 1854, the steamer, F. X. Aubrey reached here early that 
morning from St. Louis bringing two of the three United States 
Territorial Judges for Kansas, Hon. Saunders W. Johnstone, of 
Cincinnati, Ohio, and Hon. Rush Elmore, of Montgomery, Ala- 
bama. In the first judicial districting of the territory which took 
place some time after this date. Judge Johnstone was assigned to 
the Third Judicial District, the extreme western portion of the 
territory, the home of the buffalo and coyote, for what to a great 
many of us seemed obv'feus reasons."" He being from a free state, 
it was conceived he might not be ' ' sound on the goose, ' ' at all 
events they thought it might not do to trust him. Although the 
Judge had but little judicial business to attend to in his vast 
district during the time he held the office, it was universally 
conceded by all parties that he made a most excellent and honor- 
able judge. Some time after his retirement from the bench, he 
came to Leavenworth and followed his profession very success- 
fully as the head of the law firm of Johnstone, Stinson & Havens. 



50 Early History of Leavenworth City and County. 

Of this gentleman we will speak more at length at the proper 
time. He returned to Ohio afterwards^ and the last information 
I had of him he was engaged in Washington practicing be- 
fore the Departments. 

Of Judge Rush Elmore, I trust I will be excused in speak- 
ing of him at this time as so many of us Leavenworth boys had 
occasion in after years to remember his successor, Judge (Jeffries) 
Cato, to his dying day, so great was the contrast between these 
two judicial sons of the Southland. In the districting of the ter- 
ritory, as above stated, Judge Elmore was assigned to the Second 
or middle district, and lived at Tecumseh until the county seat 
of Shawnee county was removed to Topeka. Although Judge 
Elmore was a Southern man and believed in the institution of 
slavery and as an earnest believer of his faith, brought his slaves 
with him to Kansas to the number of at least ten; he told me in 
the spring of that severe winter here of 185 5 and 1856 in can- 
vassing the question of slavery in Kansas, that nature and na- 
ture's God had settled that question to his (Elmore's) entire 
satisfaction in Kansas; that during the winter Mrs. Elmore and 
himself had been obliged to work themselves to death to keep 
their darkies comfortable, they having been accustomed to the 
mild climate of Alabama, could not endure the rigors of a Kansas 
winter. That the men could not cut wood enough to keep them- 
selves warm, and for the women to cook their food, and that he 
and Mrs. Elmore had been obliged to nurse and take care of them, 
and do their work to keep them from freezing. If anybody 
wanted to fight about slavery in Kansas they could count him out. 
Of course a gentleman who entertained the liberal views that Judge 
Elmore did, would fill the bill as required by the minions of slav- 
ery, and he gave place to Judge Catoofthe same state, as we have 
said. If Cato did not fill the full measure of their most extrava- 
gant desires in the interest of slavery and its friends, then the 
writer of this has most strangely forgotten, his (Cato's) cruel 
treatment of the Free State prisoners at Lecompton in the summer 
and fall of 1856, when Mark Parrott and myself went up there 
day after day to defend them without fee or reward, save an ap- 
proving conscience. 

Judge Elmore lived and practiced his profession at Topeka 
as the senior member of the firm of Elmore & Martin, the latter 
being Col. John A. Martin, late U. S. senator, and former judge 



Judg-e Elmore and Death of Gen. Gist. 51 

of the district court at Topeka. Judge Elmore lived at Topeka 
as above stated, until his death which occurred a number of years 
ago; he died as he had lived, beloved and highly respected by all 
who knew him, as an able lawyer, a profound jurist, a devoted 
friend, and kind and indulgent husband and parent, a most highly 
respected and worthy citizen and a true Christian gentleman. 

Death of Gen. Geo. W. Gist. 

Gen. Gist, father of John C. Gist, one of the best known and 
most substantial farmers and a highly respected citizen of this 
county and who passed away about two years ago at his home in 
High Prairie township, as I have before stated, was one 
of the original founders of Leavenworth, and the first President 
of the Town Company, and so remained till a short time before 
his death, which sad event occurred at Weston, Mo., on Tuesday, 
the 21st day of November, 1854, at one o'clock p. m. He was 
buried the next day with Masonic honors, he being at the time a 
member of the Royal Arch Chapter at Weston. The fraternity 
in Weston and adjacent towns turned out in large numbers, as 
did the citizens generally to do honor to his memory. It was one 
of the largest and most imposing funerals ever seen in the West . 
He was born in Baltimore county, Md., in the year 1795, being 59 
years of age, so said the record. The General and the writer 
were intimately acquainted, and as office rooms were scarce in Wes- 
ton in those days, we occupied the same office together, with old 
Captain Scruggs, who was a constable at the time, for a number 
of years prior to our locating and laying out Leavenworth. He 
had never moved to Leavenworth, although he had intended to do 
so in the spring of 1855. 

Gen. Gist was a man of more than ordinary abilities. He had 
held several offices of public trust, honor and confidence, the varied 
duties of which he filled with marked ability. He was highly res- 
pected by all, a man of good sound judgment, a most excellent 
and worthy citizen and a truly exemplary Christian gentleman. 



CHAPTER VII. 



First Convention Held in Leavenworth to Nominate a Dele- 
gate TO Congress. First Congressional Election Held 
IN Kansas, Etc., Etc. Election in Leavenworth. 

ON Wednesday, the 15th day of November, 1854, the first pre- 
tended convention was held in Leavenworth for the purpose 
of nominating a candidate for delegate to Congress from 
Kansas territory, election to be held on the 29th of November, pur- 
suant to proclamation issued by Governor Reeder who had made an 
extensive tour through the settled portions of the territory to see 
the people and learn their wants and to enable him to select places 
for holding the election and appointing judges for the same. 
Shortly after Gov. Reeder 's return from said tour to Fort Leav- 
enworth, he issued said proclamation, dated Fort Leavenworth, 
November 10th, 1854. 

The oath as provided by said proclamation to be taken by 
the judges was "that they should reject the votes of all non-resi- 
dents, who they should believe had come into the territory for 
the mere purpose of voting." He defined the word resident as 
issued in the organic act to mean, "The actual dwelling or in- 
habiting in the territory, to the exclusion of any other present 
domicile or house coupled with the present bona fide intention of 
permanently remaining for the same purpose. ' ' 

Of course this proclamation was not very acceptable or pala- 
table to the Pro-Slavery men of Kansas or Missouri, for if the 
judges of election were to be governed by its provisions the chances 
of their being able to control the election or elect their man 
whoever he might be, looked a little slim ; therefore it became nec- 
cessary to move at once, and get possession of any and all conven- 
tions that might be called in the territory, and if necessary to 
overawe the then residents of said territory, who perchance might 

52 



First Convention to Nominate a Delegate to Congress. 53 

be opposed to their dictation and inclined to think and act inde- 
pendently for themselves. Of course the citizens of Kansas had 
no political organization at this time, even the neighbors had 
rarely a speaking acquaintance with each other in many instances 
where they came from the same state. 

The Free State men were exceedingly quiet, without leaders 
and with no organization, at least in the border counties or in the 
territory. On the other hand the Pro-Slavery men in Missouri, by 
means of their Blue Lodges were fully organized and pledged to 
move on Kansas with an overwhelming force at a moment's 
warning, whenever it should be necessary to carry an election 
there, or take steps which might be necessary to control political 
matters within the boundaries of their protegee, as long John 
Staunton, a gambler about Leavenworth in those days, who 
came from Weston, used to say, "Kansas belonged to Missouri, 
she found it first. ' ' These chaps claimed it by right of discovery. 
The Pro-Slavery men of Kansas at that time and for some 
time afterwards, were but the echo of their leaders in Missouri 
until they declared their independence, which in due time they 
did, at least in Leavenworth, as I may have occasion to show in 
the future. Missouri deemed it of the most vital importance that 
an out and out Pro-Slavery man, one on whom they could rely 
in any and all emergencies, should be nominated and elected as 
delegate to Congress from Kansas; accordingly as soon as Reeder's 
proclamation, above alluded to, was published calling for an elec- 
tion on the 20th of November, 1854, the hogag was sounded, the 
drum was beat and the cohorts from Missouri rallied at Leaven- 
worth on the 15th of November, to the number of 250 to 300, to 
interest the people of Kansas in their political duties, and, if neces- 
sary, to provide them a candidate for Congress to be voted for at 
the approaching election. It may not, however, be out of place 
for me in this connection to state, that while a number of the 
members of the original Town Company, as well as those who 
had bought shares and town lots at our late public sale, were de- 
cided Free State men, they were ready and willing to let that ques- 
tion remain in abeyance for the present election, as well as all 
who were settlers on the Delaware Trust lands, deemed it of the 
most vital importance for the safety of our town interests as well 
as for the county of Leavenworth, that the delegate to Congress 
should be pledged to protect us at Washington and not allow the 



54 Early History of Leavenworth City and County. 

government if possible to drive us off of these Delaware Trust 
lands, as I stated at length in the last chapter. Keep- 
ing this idea prominently before them, the Free State settlers in 
both the town and county were willing that a positive Pro-Slavery 
man should be nominated and elected (other things being equal) 
if he would give us a public pledge that he would protect the in- 
terests of the Delaware settlers in that behalf. The Pro-Slavery 
leaders of Missouri, ever on the alert, at a glance comprehended 
the position in which we were all placed at Leavenworth and 
in the county, and at once and without a moment's delay, en- 
tered the breach and took possession of the citadel, and dictated 
to us for whom our suffrages should be cast at the approaching 
election. 

Accordingly the pretended convention to which I have al- 
luded to above, was called first in the Blue Lodges of Missouri, 
and the boys from them generousljs vigorously and promptly 
responded. A large number gathered in Weston the day before, 
and were on hand early to march down to Leavenworth and 
show the boys how the things must be done. The crowd assembled 
and the meeting was duly organized, several speeches were made 
and among others, J. W. Whitfield, late agent for the Arrapahoe 
Indians, at or near the present town of Pueblo, Colorado, as I 
now remember. He drew his mileage in Congress afterwards like 
an able-bodied man, from Fountaine-le-Bouille, which was only 
about a thousand miles west of where his constituents lived, or 
where he received a vote. But to return, Whitfield made a good 
speech and pledged himself in the strongest and most positive 
terms, if elected, to protect the settlers on the Delaware Trust 
lands, including the town, to the best of his ability. As I said be- 
fore, this question, at that time was the all-absorbing question 
with us, the question of preserving our homes and our all, rose 
higher and extended beyond all others in our then great emer- 
gency. Many of us had his private pledge to the same effect. 
In looking over the crowd it was too evident that by far the larger 
portion of them were residents of Missouri. It would have been 
a little too bold faced to have made a nomination then and there 
by that crowd. Whitfield saw it at a glance. He was a stranger 
to most of the crowd and a nomination then might defeat him. 
Strong resolutions were passed and it was universally conceded 
that he should be the candidate of the Pro-Slavery party, although 



First Convention to Nominate a Deleg-ate to Congress. 55 

he shrewdly avoided calling himself a party man at that time. 
He was the people's and squatters' candidate. I copy from my 
journal of that date to show that I shared in the common and 
prevailing sentiment of our people at that time. I was at Weston 
the day before the convention: 

''Wednesday, the 15th of November. This morning got horse 
of Newman & Belt, liverymen, and went over with the crowd to 
Leavenworth to attend a pretended convention to nominate a 
candidate for Congress; a large number were there, 250 or 300. It 
was the unanimous opinion of all that no nomination should be 
made; Gen. Whitfield spoke and I believe will be almost univer- 
sally voted for in this part. The only fear is Col. Wakefield on 
the south side of the Kaw river (the Yankee country as it is called) 
is an Abolitionist, and would be opposed to our Delaware inter- 
ests; while Gov. Whitfield pledges himself in favor of us soul and 
body (and I may say in passing, he kept his pledges faithfully 
and well afterwards). Should we split here, Wakefield would be 
elected and we go to the d 1." 

Thp: First Congressional Election in Kansas. 

There were three candidates in the field for Congress at this 
election, only two however were voted for at Leavenworth on that 
day. Gen. J. W. Whitfield, was the recognized Pro-Slavery Demo- 
cratic candidate, although as I have above stated he had tried to 
avoid making that issue, as had his competitor. Judge Flenne- 
ken. The other candidate here was Hon. Robert P. Flenneken 
who came out with Reeder from Pennsylvania in October, 1854, 
for the express purpose of running as a delegate to Congress. He 
was said to be a Free State Democrat. As soon as the election 
was over he returned to Pennsylvania and has never been seen 
in Kansas since. Thus you see, Kansas even in infancy, received 
a double blessing, one from Missouri, in the shape of the tall 
Tennesseean, surnamed Whitfield, the Arrapahoe Chief, and the 
corpulent dutchman (not German) Flenneken by name, from 
Pennsylvania. The third and last was judge Wakefield, the only 
Kansan in the lot and he an Abolitionist so they said, but of course 
he received no votes in this portion of Kansas, which as Long 
John said,"belonged to Missouri, as we Missourians found it first." 



CHAPTER VIII. 



First Congressional Election in Kansas, Continued From 
Last Sketch. U.S. Senator Atchison of Missouri, Idea 
OF Who Have a Right to Vote in Kansas. First Death 
of a Resident of Leavenworth. First Public Sale of 
Town Lots at Kickapoo. 

OUR friends in Missouri had been fully advised that they were 
expected to do their duty at this election. In a speech made 
by Gen. Atchison, November 6th, in Platte City, I believe, 
(I quote from the Platte Argus of Weston) Gen. Atchison, address 
ing a crowd, said, ''When you reside in one day's journey of the 
territory, and your peace, your quiet and your property depend 
upon your action, you can, without exertion, send five hundred of 
your young men who will vote for your institutions. Should each 
county in the state of Missouri only do its duty, the question will 
be decided quick and peacefully at the ballot box. If we are de- 
feated, then Missouri and the other Southern states will have 
shown themselves recreant to their interest, and will deserve 
their fate." 

On the evening of the 28th of November, large numbers 
crossed the Missouri river at the Rialto ferry above Fort Leaven- 
worth, some went out to Pensanau's on the Kickapoo lands, 
and many of them came down to Leavenworth and camped near 
Three Mile creek. They had their wagons, provisions and tents. 
The next morning the polls were opened at the window of a room 
on the east side of the Leavenworth House, on the northwest 
corner of Main and Delaware streets, where John Joerger held 
down the Missouri Pacific railroad ticket office for years. 

There were but four or five houses in town at that time. The 
hotel was owned and operated by Uncle George Keller and his 
son-in-law, A. T. Kyle, and they continued to keep it for some 

56 



First Congressional Election in Kansas. 57 

time afterwards. B. H. Twombly, C. M. Burgess and Smith 

were the judges of election. The voting went on very quietly 
all the forenoon, there was but little excitement. Our Missouri 
friends were doing most of the voting, as in truth the Free State 
men seemed to take but little interest in the matter; they believed 
the delegate to Congress would have but little to do with settling 
the question of slavery. Flenneken they knew but little about, 
they looked upon him as a mere political adventurer. 

Whitfield had promised to do all he could to secure the Dela- 
ware settlers in their rights. We knew that from his position as 
Indian Agent he would at least have influence with the Indian De- 
partment at Washington, and through his friends with the Presi- 
dent. The Free State men in this district either declined to vote 
or voted for Flenneken, or as I believe, voted for Whitfield, for 
some of the reasons I have previously stated. After dinner and 
until the polls closed, there was a considerable crowd around the 
polls. Some quarreling, a little fighting, the result of bad whis- 
key, but no particular disturbance. From my journal of that 
date I quote: "On Wednesday, the 29th of November, after 
breakfast (I had stayed at Fort Leavenworth the night before) 
we rode down to Leavenworth town to attend the election, the 
first in Kansas. The election is for a delegate to Congress, a very 
exciting day, 400 present at least, most of them from Missouri, 
a good deal of dissatisfaction, because Missourians are voting, 
the question seems to be slavery and free soil. Gen. Whitfield, 
Pro-Slavery candidate received 222 votes at Leavenworth pre- 
cinct. Judge Flenneken, free soil, 80, total 302; Whitfield's ma- 
jority 142. The same excitement prevails all along the Missouri 
frontier, Whitfield is undoubtedly elected by a very large ma- 
jority, but a few of the free soilers say they will contest the elec- 
tion. In that event I fear we shall have no delegate in Congress 
this winter. Some little fighting today, but no one hurt ; stayed 
all night at Leavenworth House kept by Keller & Kyle. ' ' 

I again quote from my journal for this item: ''Tuesday, 
December 5th, 1854. Cold, but clear, ice running heavy in the 
Missouri river; steamer Australia expected tomorrow. A Mr. 
Noble, a very enterprising business man, who lives at Leaven- 
worth, was drowned in the Missouri river near the Platte City 
landing, just above the Fort, last night about nine o'clock; also 
another young man with him. They started to take a flat-boat 



58 Early History of Leavenworth City and County. 

load of laths from Weston down to Leavenworth. The boat was 
very heavy laden and probably struck a snag in the bend of the 
river and sank. They were both drowned before they could be 
reached^ although parties went to their assistance from the Fort 
as soon as they were heard. Their bodies were not found — sad 
and sorrowful news. Mr. Noble leaves a wife and child at LeavT 
enworth. ' ' 

Under the same date as above, I find this entry : ' ' News by 
telegraph from Washington, that Dave Atchison was not in 
Washington to take his seat as President of the Senate and Lewis 
Cass was elected President of the United States Senate. Atchison 
is in Missouri electioneering to be returned to the Senate again 
this winter, as his term expires in March. ' ' I trust I will be ex- 
cused for narrating the following incident, although not occurring 
at Leavenworth or in the vicinity, it is illustrative of life in the 
then far West. 

A little incident of Indian hair lifting. As the Modocs by 
their little diversifications for the then past few months had occu- 
pied a large space in the public eye and papers, I may be par- 
doned if I call to mind an incident which has long since faded out 
of the public memory, save and except a few who might have 
special interest to remember it. I find this entry in my journal 
at the time, the news created considerable sensation at Wash- 
ington: 

"Saturday, 9th of December, 1854, at Weston. Tonight met 
at hotel Mr. Charles A. Kinkade, just in from Salt Lake. He 
is the man who alone was saved from the attack made on the Salt 
Lake mail coach by the Sioux Indians, two miles this side of 
Laramie, on the 13th of November last, in which three men were 
killed outright, and he (Kinkade) attempted to escape on a mule, 
was shot with seven arrows and two bullets, and lastly knocked 
off his mule and left for dead. Recovering before night he 
dragged himself back five miles to a small post; mules all taken 
and everything about the coach. He lost $2,500 in gold; mail 
bags cut open and contents scattered on the ground, but picked 
up afterwards; he is one of the firm of Livingtsone, Kinkade & 
Co., Salt Lake traders. He looks as though he had been through 
a threshing machine and was badly patched up, or had picked 
up a Missouri snag and thereby knocked a hole in his bow, upset 
both wheels and stove in his cook house. He says he is improv- 



First Public Sale of Town Lots at Kickapoo. 59 

ing rapidly. I would suggest there is a splendid opening for im- 
provement in his outward physical condition at least. ' ' 

First Public Sale of Town Lots at Kickapoo. 

If I am not entirely mistaken the first and last public sale 
of town lots at the great city of Kickapoo occurred on Tuesday, 
the 12th day of December, 1854. I did not attend and my only 
excuse was that the Leavenworth Town Association had an im- 
portant meeting at the town on that day and it was indispensably 
necessary that I should be present. But few, I learned, attended 
the sale that day and of course but few lots were sold and those to 
residents or share owners. Kickapoo was the outgrowth of dis- 
appointed town speculators who failed to get an original foothold 
in Leavenworth, and only partially so in Atchison. The truth 
was, Leavenworth was thought to be a little too strongly tinctured 
with Free Soilism and Atchison was already supplied with a full 
measure of the opposite extreme; and it required a fresh outbreak, 
a special geyser of their own, from which their super-abundant 
amount of gas, wind, froth, steam and mud might be emitted; 
for that reason Kickapoo was hatched or incubated from the 
mental and physical womb of old Mrs. Weston, and which last 
effort threw the old lady into a decline from which she never 
rallied. 

The Kickapoo Pioneer was only equaled in those days by 
the Squatter Sovereign at Atchison in its devotion to the Pro- 
Slavery interests of not only Kansas but Missouri and the entire 
South. The Pioneer, although ably conducted by Hazzard, 
its editor and proprietor, while it lived, was compelled 
ere long to succumb to the inevitable decree of fate, which was 
bound sooner or later to overtake all newspaper enterprises in 
one-horse towns in the West. Kickapoo has an interesting and 
instructive history, at least as a voting precinct, to which I may 
have occasion to allude in future. 



CHAPTER IX. 



The Main Rush for Townsites. Jacksonville Specimen 
Brick. Birth of the First Child in Leavenworth, Etc. 
Geo. C. Richardson Born Here. 

1MAY be pardoned, I trust, if I diverge a little from a straight 
line to pick up a specimen brick or bat from the debris of paper 

towns, which lie scattered like flotsom and jetsom along the 
banks of the mountain streams after a flood, in every county of 
eastern Kansas, and Leavenworth county was no^exception to the 
general rule. But this particular paper town was just over the 
line in Jefferson county, but as it had its origin in the brain of Leav- 
enworth promoters, and is such a choice specimen, and so illus- 
trative of the crazy spirit which obtained among the people, to 
speculate in town lots in those days, I will only allude briefly to 
this one of the many embryo towns with which Kansas in her 
early days was cursed; and I will only refer to this, as a sample 
of the many which sprung up not only in eastern Kansas , as I 
have said, but all over the territory, to such an extent, that it 
was at one time seriously contemplated to petition the General 
Land Office to interfere, so that a portion of the public domain 
in this section of the country, at least, might be set apart as farm- 
ing lands, and not all be plastered over with townsites. 

There was a perfect mania among the first settlers for town- 
sites. All wanted to get rich in town speculations, and every 
chap who had squatted upon a decent quarter-section near a creek 
or a cross road soon turned it into a townsite, and if he 
could succeed in roping in a half-dozen other fools, who had a 
little money or were like himself town-crazy, they had a company 
formed, the town surveyed and laid off into blocks, lots, streets, 
alleys, pubUc squares, etc., and several hundred lithographic 
maps struck off and their pockets full of town shares of this great 

60 



The Main Rush for Townsites. 61 

city in embryo, they were happy. Of houses and improvements 
in the town, that important part of the necessary and future suc- 
cess and prosperity of the town never entered their heads, or if it 
did, they only reasoned that the suckers and gudgeons who 
bought their shares and lots in the future great city, could build 
the houses and improve the town if they wanted to. These 
schemes generally lasted about three or six months, sometimes 
a little longer, depending somewhat upon how successful the pro- 
prietors had been in disposing of shares and lots to greenies from 
other states. 

The above is a fair illustration of Jacksonville, one of the 
finestfarmingtractsof land in Kansas, which was attempted to be 
gobbled up by town sharks, as has since been fully proved by 
old man Evans' farm, about three miles east of Oskaloosa, the 
county seat of Jefferson county. That magnificent farm was 
once the townsite of Jacksonville. It was sold by the Govern- 
ment in blocks as laid out on the map and bought in by the Town 
Company, and by them conveyed to Eli Evans for farming pur- 
poses. It was originally squatted upon by Dr. Noble and a Town t 
Company formed in Leavenworth of which the writer of this was ' 
a member and trustee, also Gen. L. J. Eastin, editor of the Her- 
ald, Dr. Leib, et al; and many a lonely and unpleasant trip dur- 
ing the winter of 1854 and 1855 did that townsite cost us, to say 
nothing of the money expended. I recall one instance on the 
afternoon of the 5th of January, late in the day. Dr. Leib and 
myself left Dr. Noble's cabin, near the townsite, in a one-horse 
buggy and started to return to Leavenworth. Shortly after we 
got under way a cold rain storm set in, we lost our way and wand- 
ered around over the prairie all night; the night was very dark, 
the rain turned into sleet, and we came very near freezing. We 
could not and dare not keep still; the storm was blinding, no road, 
and we wandered on; about daylight we spied a log cabin on the 
Neil Burgess claim and stopped and broke in the door and started 
a fire, as it was a claim cabin and had been occupied that winter. 
This fortunate circumstance of finding the cabin just at this time 
I have no doubt saved our lives. After warming up we struck 
the Fort Riley road and drove directly to Fort Leavenworth. I 
put up my horse in old Sergeant Flemming 's stable, and we went 
over to Rev. Leander Kerr's then Chaplain at the Fort, of whom 
I may have occasion to speak of in future, as he was one of the 



62 Early History of Leavenworth City and County. 

prominent men of this section, in those days. This was the first 
time I had met him. 

Birth of the First Child in Leavenworth. 

I presume it is not generaly known to a majority of the people 
of this city and v cinity, at least, who was the first child born in 
Leavenworth; and that she lived and grew to womanhood here, 
and only died a few years since, as the beautiful, accomplished 
and beloved wife of James N. Allen, Esq., so long and favorably 
known as the Rock Island railroad agent of this city, and later 
as Deputy Warden of the United States federal prison at Fort 
Leavenworth. She died quite suddenly, leaving behind a kind 
and affectionate husband, two most amiable daughters and a 
large circle of kind, admiring friends to mourn their loss. Her 
name as a young lady was Miss Cora L. , daughter of A. T. Kyle, 
Esq., now a resident of Lansing in this county (and with the 
writer the last two surviving members of the original Town Com- 
pany of thirty members) and grand-daughter of Uncle George 
Keller, so long and favorably known in this city and state. Miss 
Cora Leavenworth, partially named after the city of her birth, 
then but a hamlet of a few houses, now a large and prosperous 
city of 25,000, was born in the old Leavenworth Hotel, north- 
west corner of Main and Delaware streets, on the 5th day of De- 
cember, 1855. The second child born here, if I have the record 
correct, was also a girl. Miss Clarinda Cass, daughter of the late 
Thomas Cass, so long and favorably known as the proprietor of 
the "Uncle Tom's Cabin" on Shawnee, north side below Sev- 
enth street. She was born May 13th, 1856. 

The first, or at least one of the first male children born in 
this city was Geo. C. Richardson, Esq., late of the firm of Ryan & 
Richardson of this city, the largest and most successful apple 
packers and dealers in the West. Mr. Richardson is a son of the 
late Jason Richardson, a successful farmer and fruit grower, who 
lived near Lansing in this county. Geo. C. Richardson was born 
in a one-story frame house, situated on the west side of Main 
street, between Delaware and Cherokee streets, near the Mc- 
Crystal brick house, on the 14th of November, 1856. The house 
was destroyed by fire in one of those sweeping conflagrations, 
with which all new western towns are so familiar. 



Birth of the First Child in Leavenworth. 63 

Wm. Bucher, clerk of the city court, was born on the corner 
of Shawnee and Second streets, January 1, 1858. 

My attention has been called by a note I received a few days 
since, to another item in this connection, to which I cheerfully 
give place, viz: The parties who were first married in Leaven- 
worth and to whom children were first born, son or daughter. 
John Grund, so long known in this city as the head of the firm 
of J. Grund & Co., for many years the largest and most extensive 
brewers in the entire West, was married to Miss Eliza A. Tennell, 
January 13th, 1856, by Esquire Alex. Russell. Their first child, 
boy, John A. Grund, was born January 14th, 1857, being the 
first son of parents married in Leavenworth. 

The first girl born of parents who were married in our city, 
was Miss Francis Przybylowicz, born May 26th, 1857. Mr. 
Przybylowicz was for years proprietor of the Continental, now 
Hotel Imperial, of this city, and father of the faithful and effi- 
cient city clerk of this city. Everybody knows Mike Przyby- 
lowicz as the genial landlord of the Continental Hotel for years. 
He was married June 21, 1856, to Miss Johanna Gerstenicker. 
The last above named parties are still residents of Leavenworth. 
John Grund and family moved to Colorado some years ago, where 
he still resides, and I learn is doing well. 



CHAPTER X. 



Great Fire in Weston, Mo. First Convention in Leaven- 
worth TO Nominate Candidates for the Legislature. 
Organization of the U. S. District Court in Kansas. 
The Convention Meets Again Pursuant to Call and 
Makes its Nominations. A Word About Judge R. R. Rees, 

IT was very quiet in Leavenworth during the winter of 1854 and 
1855. The Missouri river, our main source of intercourse with. 

the outside world, was hermetically sealed, from about the 
1st of December to the first of April following, in each year as a 
general rule. Occasionally an open winter like that of 1857 
would bring a steamboat to our landing from St. Louis every 
month, during the winter, but this was a very rare occurrence. 

Once or twice a week, if the roads were comparatively good, 
a heavy mud wagon with from four to six mules dragging it along 
would come lumbering into these upper Missouri river towns, 
bringing a few passengers and the later mails and occasionally a 
paper mail sack, ten days or two weeks from St. Louis and about 
thirty days from New York and the East. 

There was but little building in town during the winter of 
1854 and 1855 owing to the scarcity of lumber and other material 
and but few houses had been built, or so far completed as to render 
them comfortable to live or do business in during the cold weather. 
The writer, like many others who came from Weston and Mis- 
souri, had not yet completed our offices and houses in Leaven- 
worth for the reasons above stated, or closed up our business 
there. I trust my readers will pardon this brief reference to 
the unfortunate affair which heads this sketch. My only excuse 
is that a large number of sufferers were at the time property own- 
ers in Leavenworth and many of them the next spring and sum- 
mer of 1855, as soon as houses could be constructed, became per- 

64 



Great Fire in Weston, Mo. 65 

manent residents here. I name a few of the more prominent: 
Geo. Keller, A. T. Kyle, Capt. W. S. Murphy, Capt. Simeon 
Scruggs, Dr. S. F. Norton, Phillip Rothschild, H. J. Deckelmann, 
Casper Beechler, Frank Zipp, Elias Ulrich, Fritz Ott, and others, 
several of whom have raised families here which are among our 
best citizens. As I stated in the commencement of these sketches 
in speaking of the first settlement of Leavenworth it was founded 
by citizens of Weston. 

The fire alluded to, I copy from my journal of that date: 
" Broke out in the rear or Murphy's Ten Pin All&y, about three 
o'clock on the morning of the 8th of/March, 1§55. The origin 
of it was unknown. It immediately spread to a large carpenter 's 
shop. Perry's livery stable on the one side and the U. S. Hotel 
on the other, and from thence to Main street along that on the 
north side, burning two blocks and destroying at least $300,000 
worth of property. I will not attempt to portray the sad and 
sorrowful scene. Nine dry goods stores, two clothing stores, one 
jewelry store, one hotel, two livery stables, one grocery store, 
two saloons, one ten pin alley and bar, one drug store, two black- 
smith shops, one millinery store, one saddle and harness shop, 
two dwelling houses, one furniture store, one large confectioner's 
store, one stove and tin shop, two gunsmith shops, one dental office, 
one photograph gallery, telegraph office. Masonic hall and lodge 
room. Odd Fellow 's hall. Sons of Temperance and Good Templars 
hall, one banking house and insurance agency. More than half 
the loss was covered by insurance. My law office, together with 
a large portion of my library, also desks, tables, chairs, and all of 
my office furniture were destroyed. Among other things, I be- 
lieve, I have lost my Masonic apron of pure white lambskin, 
adorned with all the emblems and working tools of the order as 
represented on a master mason's chart, and the scarf that was 
worn by my father in 1820-1826 in Brockport, New York State, 
many long years ago. 

"What a sad, sorrowful sight did the sun rise upon this morn- 
ing; what a gloom overspread our city. It was with the utmost 
difficulty that we were able to save the St. George Hotel and the 
buildings on that, the south side of the street. By almost super- 
human efforts we succeeded. P. M. — Great excitement in the 
streets against certain parties and some of them arrested, charged 
with making threats to further burn the town, and others with 



66 Early History of Leavenworth City and County. 

stealing; a riot threatened. Tonight a meeting was called at 
the court house by the mayor, to take some steps to protect the 
city; a strong guard was posted about the town. The few things 
I have saved I have stored in Belt & Coleman 's warehouse. Shall 
not open a law office here again, as my office will soon be com- 
pleted in Leavenworth, and I shall remove there permanently 
very soon as I have claimed my residence there since we first 
started the town, and I have not voted in Missouri since that 
time, as I very much question my legal right to claim a legal resi- 
dence or vote in both Kansas and Missouri. Leavenworth is 
my home; I have remained there at least one-half of the time 
since we settled the town in June, 1854." 

First Convention in Leavenworth to Nominate Candidates 
FOR THE Legislature. 

Saturday, March 10th, 1855. At Leavenworth a rich time. 
Convention to nominate candidates to the Council and Lower 
House. After a long and somewhat animated discussion, the 
convention adjourned to be called together again by the presi- 
dent or chairman of the meeting when the proclamation of the 
Governor is received calling an election. Up to this time Reeder 
had not issued his proclamation, and the boys were in a quandary 
what to do, they did not want to get left, they wanted to be to 
the fore, close up to the band wagon. Again, nominations might 
be made which would not be acceptable to our Missouri friends, 
and they might bolt them, and that would be exceedingly unfor- 
tunate. As I said before, the nominations should first be made . 
in the Blue Lodges of Missouri, and the boys over here who de- I 
sired to go to the Legislature, must be properly vouched for as I 
being "sound on the goose," and then it would be all right. 

All of this of course necessitated the adjournment of the con- 
vention. Some of the lads from other slave states than Missouri, 
who wanted to be candidates demurred to the postponement and 
even had the temerity to intimate that the people of Kansas had^ 
the ability to make their own nominations. Although they were 
considered here as sound on the slavery question, they were not 
known to their Missouri neighbors, and had not yet acquired 
sufficient education as to the mode and manner in which we man- 
aged these little election matters out here. They soon, however, 
took the hint ; after a few gentle reminders from the ' * old stagers, ' ' 



Organization of the U. S. District Court in Kansas. 67 

that if they did not dry up their ' ' chin music ' ' they might be left 
out in the cold, they subsided. On the 15th day of March, I was 
at Platte City, Mo., in attendance upon the District Court, and 
had a talk with Hon. D. R. Atchison, U. S. senator from that 
state, with reference to Kansas and the coming election. He 
assured me a strong effort would be made on the part of the Pro- 
Slavery party to carry the election in Kansas on the 30th inst. 

Organization of the U. S. District Court in Kansas. 

I copy from my journal of that date: "Monday, March 19th, 
1855. One of the coldest days we have had the past winter. 
This morning rode my horse over to Leavenworth to attend the 
opening of the first District Court of Kansas, Judge S. D. Lecomp- 
te, as chief justice, presiding. It was only called at present to 
organize the court and adjourned to the third Monday in April 
next. At the opening of the court this morning His Honor de- 
livered a very able and interesting address. I like his appear- 
ance very much, and no doubt he is a man of legal talent and 
ability. ' ' 

I shall endeavor to do to Judge Lecompte a full measure of 
justice at the proper time, notwithstanding the strong prejudice 
and bitter feeling that existed and was so often expressed against 
him by bitter partisans during his occupancy of the federal 
bench for so many years in this territory, and which judicial record 
has long since passed into history of that exciting period, as the 
position which he occupied during the early history of Kansas 
and since, entitles him to special consideration. He made this 
city and vicinity his home since his first arrival in the territory, 
and remained here practicing his profession after he retired from 
the bench, for a number of years as the head of the legal firm of 
Lecompte, Mathias & Burns. He then went to live with his son, 
Eugene, near New York, where he died several years ago. 

The Convention Again Meets Pursuant to Call and Makes 
Its Nominations. 

Immediately after the adjournment of the court, as above 
stated, at one o'clock P. M., the Pro-Slavery party, as per call of 
the president or chairman of the last meeting, assembled in mass 
convention and nominated their candidates for Council and Legis- 
lature. R. R. Rees, Esq., and General L. J. Eastin, editor of the 



68 Early History of Leavenworth City and County. 

Herald, were nominated for Council, and Judge A. D. Payne, 
Wm. G. Mathias, Esq., and H. D. McMeekin, then of Salt Creek 
Valley, were nominated for the Legislature. Very good nomi- 
nations for the time, but the tug of war was to take place on the 
30th inst. 

A Word About Judge R. R. Ref^s. 

Of the above named gentleman. Judge Rees, or as everybody 
who knew anyone in this part of the country for many long years, 
knew ' ' Uncle Dick Rees, ' 'as he was familiarly called, I propose to 
speak more at length at some future time when I come to speak 
of the early members of the bar, as their names appear on the 
enrolled list of attorneys in the District Court Clerk 's office. On 
a former occasion I related one or two amusing anecdotes at his 
expense in connection with Judge Pettit's Court, but I propose 
to do him at that time ample justice, as he was for a series of 
years one of the most prominent men in this city and county. 



CHAPTER XI. 



Sketches of the Members of the First Territorial Legis- 
lature OF 1855, From this County, Continued. Gen. Lu- 
cien J. Eastin. Judge A. D. Payne of the Lower House. 
Wm. J. Mathias and H. D. McMeekin. Our Missouri 
Friends Getting Ready to Come to Kansas to Help Us 
in Our Election, Etc. General Lucien J. Eastin. 

THE second gentleman named as the candidate of the Pro- 
Slavery party for the Council at the first election was at the 
time the editor and part proprietor of the Herald, the, first 
newspaper published in the territory of Kansas, as I have previ- 
ously stated. Gen. Eastin remained here in charge of that paper 
until some time in 1859, I believe. He then returned to Missouri 
and started a newspaper at Chillicothe, where he remained until 
he removed to Glasgow, Mo., where he died several years ago. 
Gen. Eastin was a man of marked ability, of large newspaper 
experience, and pen persuasion, commonly called pencil pushing; 
about six feet in height, powerfully built, strongly marked feat- 
ures, iron gray hair, and a clear, bright, piercing, dark gray eye. 
The writer of this knew him intimately (I might say since 1854 
until the day of his death.) 

As editor of the Herald he wielded a caustic, and, when 
aroused, at times a very bitter pen; in short he was one of the 
ablest writers in the Pro-Slavery party and did what he deemed 
to be his whole duty to force the institution of slavery upon the 
people of Kansas, and I may say, he had no superior in his line, 
as hundreds of articles which were copied from his paper in those 
days into newspapers both north and south fully attest. He was 
a man of very strong prejudices and could in those days of ex- 
citement scarcely speak a decent, much less a kind word, of a 
northern man who differed with him, especially one whom he 



70 Early History of Leavenworth City and County. 

believed to be tinctured with Free-Soilism. He appeared to loathe 
the sight of a southern born man, who was a Free State man. He 
had no respect whatever as he often said^ for that kind of a crea- 
ture. I assure you there was no love lost towards the General 
on the part of settlers in Kansas of the Free State persuasion, 
who came from Missouri and Kentucky or other border slave 
states. Aside from the question of politics and removed from 
those prejudices of the hour, Gen. Eastin was socially a very 
pleasant, high-toned gentleman. At some future time I will 
make one extract from the Herald in 1856, which, I believe, 
has never been published. 

Judge A. D. Payne, First Name Mentioned For the Legis- 
lature. 

Of this gentleman I have but little to say. How he ever be- 
came Judge, or where he got the title, deponent saith not, unless 
he found it laying around loose somewhere in Missouri, and ap- 
propriated it, as they do the title of Colonel in some parts of old 
Kentucky, and as most of the military and judicial titles of those 
days were obtained. Uncle Dick Rees says, Payne got his title 
of Judge from being one of the judges of the Squatter Court, over 
in Salt Creek Valley, when he, Rees, was chief justice and old 
Alex Russel and Payne were associate justices. Good thing, he 
then did not find it laying around loose in Missouri. As was said 
here in early times, you could not bounce a rock down the road 
into a crowd that you would not hit a General, Colonel, Major, 
Captain or Judge. We were all officers in those days, no privates, 
at least, I never saw one, who ever lived in Missouri or early Kan- 
sas. As the returning Californian said, when the vessel left the 
wharf at San Francisco, bound to Panama in 1850, everybody 
was shaking hands, and bidding each other good-bye; but as no 
one seemed to notice him, nor did he see anyone he knew, but 
just as the last bell tapped and the boat left the wharf, he rushed 
out, swinging his hat, hallowed "Good-bye, Colonel," and at least 
twenty-five hats were raised in the crowd — they all involuntarily 
recognized the salutation. 

Judge Payne, or as he was afterwards called. Captain Payne, 
subsided politically after this election. He had a claim in those 
days over on Pilot Knob in the valley west of town, but that 
election ruined him for a farmer, and he had as much as he could 



Members of First Legislature. 71 

do to help the boys here in town kill Abolitionists and pack away- 
bad whiskey. When drunk, and that was generally his normal 
condition, he was really a dangerous man, as the writer of this had 
special occasion to know. On one occasion, had it not been for a 
little nerve, behind a Colt's navy, as well as the voice of a friend 
(Tom Shoemaker, of whom I shall speak bye and bye,) who was 
approaching rather rapidly, I might have felt the length of an 
Arkansas toothpick which he was brandishing, and threatening 
dissolution to all Abolitionists, and myself in particular. After 
this ''cruel war" of '56 was over, the Judge or Captain retired to 
the classic shades of Monticello (not Jefferson's home in Virginia) 
but a little town down on the Kansas river, in Johnson county, 
where he lived on hog and hominy and poor whiskey until he col- 
lapsed his flue. 

Of Col. Wm. G. Mathias, the second member of the Legis- 
lature named on the ticket, I will speak more at length when I 
come to a review of the early members of the bar of this city as 
shown by the record of attorneys before referred to in the Dis- 
trict Court Clerk's office. 

Hon. H. D. McMeekin. 

This gentleman at the time of his election to the Legislature 
was a resident of Salt Creek Valley in this county ; he was rated as 
an honest farmer and innkeeper and perhaps a small storekeeper, 
I had known him since the spring of 1850 as a successful mer- 
chant in Weston, Mo., but the firm of D. & T. D. S. McDonald, 
& Co., of which he was the junior member, had spread themselves 
out too much in the Indian trade in the far West, and they were 
obliged to succumb to adverse circumstances, and Mr. Mc. retired 
poor but honest to Kansas, where he was elected to the first 
Territorial Legislature with the above gentleman, as I shall pres- 
ently show. When the Planters' House was opened in this city, 
he became one of the proprietors with Mr. McCarty of Independ- 
ence, Mo. The firm was known as McCarty & McMeekin, and they 
continued to keep it until the hotel was purchased by L. T. & D. 
B. Smith and Col. Jepp Rice in 1857. Of this well known hostelry 
I shall speak at length at the proper time, as it was one of the 
celebrities of the town in early days in more ways than one. 

Mr. McMeekin, although a Kentuckian by birth, was never 
one of the big-headed kind; that his education and instincts made 



72 Early History of Leavenworth City and County. 

him a strong Pro-Slavery man is but natural, but I do not now 
call to mind a single instance in which Free State men were not 
kindly treated by him at all times; he was naturally a gentleman. 
From this city he went to Topeka, the capital of the state. Was 
there a man, woman or child, who visited Topeka during the ten 
or fifteen years that he kept the Topeka House, afterwards the 
Tefft House and lastly the McMeekin House, probably the best, 
or at least one of the very best hotels in the state at the time, 
who did not know the whole-souled, generous, elegant, old gentle- 
man and his estimable lady, my genial host and hostess of the 
above hotels? When the Railroad Hotel and eating house was 
opened at Wamego he took charge of it, I believe, where he died 
several years ago, highly respected by all who had enjoyed his 
hospitalities, and their name was legion. 

Our Missouri Friends Getting Ready to Come Over and Het p 
Us IN Our Election on the 30th of March. 

I find the following notes relative to the approaching election 
which I extract: 

"Weston, Saturday, March 24th. Nothing new, except per- 
haps that the Pro-Slavery party held a meeting today and have 
given their voters here their orders where to go to vote in Kansas 
on Friday next. ' ' 

Again: ''Sunday, March 25th. No news of interest. A 
good many people in town from the counties below in Missouri 
en route for Kansas. ' ' 

Again: "Monday, March 26th. Hitched my horse to New- 
man's buggy and Judge L. D. Bird and myself went over to Leav- 
enworth to attend a called meeting of the Town Company; a good 
many present; resignation of Major E. A. Ogden received; his 
place to be filled at the next regular meeting; Association voted 
him S500 to pay his expenses to Washington City attending to our 
affairs the past winter. ' ' 

''As I have before noted we have had a good deal of trouble 
on account of our townsite being on the Delaware Indian Trust 
lands. Major Ogden is ordered to San Francisco, California; 
will leave in a few days. This order was soon after counter- 
manded and Major Ogden was ordered to Fort Riley, Kansas." 

I will give one or two further notes from my journal before 
the day of the election. 



Legislative Election. 73 

"Wednesday, March 28th. No especial news, except the 
crowds are still pouring into Kansas from Missouri, to vote next 
Friday. ' ' 

I will postpone a description of the election at Leavenworth 
until some future article, as I desire to speak of Major Ogden 
more at length and of his services at Fort Riley, and his untimely 
taking off by that terrible scourge, the cholera, at Fort Riley, 
while in the line of his duty, with his harness on, as he was one 
of our first Town Company 's trustees and an earnest and devoted 
friend of the Association and its interest at all times. 



CHAPTER XII. 



Major E. A. Ogden at Fort Riley. A Note From Hon. P. G. 
Lowe With Reference to the Death of Major Ogden 
AND THE Cholera at Fort Riley. Also a Well Merited 
AND Deserving Reference to Mr. Lowe in Connec- 
tion With Above. 

A SHORT time previous to the election of a delegate to Con- 
gress, November 29th, 1854, of which I gave a statement 
in a former sketch, some friends of Maj. E. A. Ogden, 
then Quartermaster at Fort Leavenworth, and one of the trust- 
ees of the Leavenworth Town Company at the time, without his 
knowledge or consent, were anxious and took active steps to 
bring him out as a candidate for delegate to Congress. Major 
Ogden was believed to be a Free State man, as he came from 
the North. But the most ultra Pro-Slavery men at Fort Leav- 
enworth among whom was Maj. Sacfield Maclin, Paymaster, 
and other gentlemen there, as well as all of our Town Company 
and a good many of the settlers on the Trust lands, without re- 
gard to party, would also have preferred him, as they knew he 
was honest and capable in every respect and would guard well 
their interests; but the Pro-Slavery leaders in Missouri soon dis- 
posed of that little question for their protegees in Kansas. 

At this election, as we have previously shown, as well as sev- 
eral of the succeeding ones here, the real bona fide residents of 
Kansas had but little to do with the selection of the delegate to 
Congress or members of the Legislature; they were not consulted 
about it, although their interests were paramount to all others. 
True, the Pro-Slavery men here went through the forms of a nomi- 
nating convention, but in truth and in fact it was but the echo 
of the Blue Lodges of the border counties of Missouri uttered a 
few days previous to that time, and it was necessary for success in 

74 



Major E. A. Ogden at Fort Riley. 75 

some instances, that this should be so, as Missouri was expected 
to furnish a sufficient quota of voters to carry the election if re- 
quired, and she certainly ought to have the poor privilege of 
naming the candidates. Such being the situation of affairs at this 
time, the httle Yankee Quartermaster, as they had called him, 
had but a poor show in Missouri Blue Lodges in a race with the tall 
Tennesseean, formerly from near "Kit Bullard's Mill," high up 
on Big Sandy, but now the big Arappaho Chief from the head- 
quarters of the Arkansas. 

As soon as Maj. Ogden heard of the steps that were being 
taken to defeat him in Missouri, he at once positively and une- 
quivocally refused to allow his name to be used in that connection. 
Maj. Ogden was stationed for several years at Fort Leavenworth 
as Quartermaster, at that time the most important post in the 
West, as it was the general depot where the supplies for all the 
posts, camps and forts in the great West from the Missouri river 
north, south and west to the Pacific ocean were collected and 
shipped or transported by wagon trains across the plains. He 
also served for some time as one of the trustees of our Town Com- 
pany as we have previously shown. The writer of this frequently 
had occasion to confer with him by letter and otherwise with re- 
gard to business affairs. He was afterward transferred to Fort 
Riley and was on duty there at the time the cholera in 1855 
made such sad havoc with all who were employed there. 

Many officers left, but Maj. Ogden remained there with his 
men, of whom he had a great number in his employ, until the fell 
destroyer cut him down, August 3rd, 1855, I believe. He died at 
his post of duty, with harness on, beloved and highly respected 
by all who had the pleasure of his acquaintance, as one of the 
most efficient officers in the army. A true and noble Christian 
gentleman in every respect. A sandstone column in the cem- 
etery at Fort Riley properly inscribed, points out his last 
resting place. 

I trust I will be pardoned for introducing the following note 
from Hon. P. G. Lowe, of this city, at this time, as it refers di- 
rectly to the cholera at Fort Riley and the death of Major Ogden. 
The note was called out in response to an article previously written 
upon the above subject. In that article I had fallen into quite 
a serious error with regard to the date of the death of Major Ogden 
and the cholera at Fort Riley. It was a lapsus pennae, for had 



76 Early History of Leavenworth City and County. 

I reflected a few moments I should have known better myself, 
or had I consulted my journal a few months in advance; but 
haste and a sufficient want of care on my part is my only excuse. 
As I am writing history^ I am doubly anxious it shall be correct 
in every particular. I suggested in one of my former sketches, 
that should I fall into an error at any time, as all are liable to, I 
would take it as a special favor if any old settler who knew the 
facts would correct me. 

In the present instance I am under obligation to Hon. P. G. 
Lowe for his suggestion, as he of all other living men would best 
know the facts, and especially do I take pleasure in this instance, 
as Mr. Lowe's note pays a just and merited tribute to one of our 
most esteemed and scientific physicians and highly respected citi- 
zens Of that especial fact to which he refers I was not aware 
and I haste to make the amende honorable in justice to Dr. 
Samuel Phillips and the other gentlemen mentioned. I give this 
note, which was written to me several years ago, correcting an 
error I then had fallen into, as explained and corrected above, in 
an article written by me at the time and published in the Com- 
mercial, entitled ' ' Reminiscences of Early Kansas. ' ' 

' ' Friend : 

' ' I called to see you this morning, but failing to make con- 
nections, will write what I wanted to say. In your article (above 
referred to) are some mistakes, which for the truth of history you 
will be glad to correct. The cholera prevailed at Fort Riley in 
1855, instead of 1856 (as I had it by a lapsus pennae) and the 
death of Major Ogden occurred on the 2nd or 3rd of August that 
year. The monument erected was of sandstone taken from a 
quarry at Fort Riley, and was put up gratuitously by the citi- 
zens in government employ there, desirous of perpetuating the 
memory of one of the most gallant men who ever died at his post. 
The troops had all gone on the plains, leaving a number of officers' 
families behind. The post was in charge of Major Ogden with 
about seven hundred (700) citizens brought there by him to com- 
plete a lot of buildings, so that there were no other officers except 
himself and Dr. Simmons, post surgeon, the latter leaving 
with his family the day Maj. Ogden and fifteen others died. Thus 
the doctor ran away, while the Chaplain, Rev. Clarkson, stayed 
and with his wife and niece labored day and night with the sick 
and dying. Two days later Dr. Whitehorn, a young physician, 



Reference to Mr. Lowe. 77 

who had settled near where Manhattan now stands, came volun- 
tarily, followed a few days later by Dr. Samuel Phillips, from 
Fort Leavenworth (now of this city) and Lieut. Carr (late Gen. 
Carr.) The presence and services of these gentlemen was the 
turning point and the cholera rapidly disappeared. 

"Truly yours, 

' ' P. G. Lowe. ' ' 

The extreme modesty of Mr. Lowe in not speaking or even 
referring to his own immediate connection with Major Ogden, 
which continued for years, and the active, but well guarded and 
prudent course he pursued as a Free State man, without in the 
least compromising his own position as a faithful and honest em- 
ploye of the government during all those dark days of Kansas 
history, justly entitles him to much more than a passing notice, 
as one of the leading prominent and thrice honored citizens of 
our city and county; it is of the former service only that I wish 
to speak at this time, and on this occasion, as it is early events in 
our history that we are narrating. 

In speaking of the distinguished services of Maj. Ogden 
above referred to, the mind of one who was familiar with the facts 
in that connection naturally reverts to other gentlemen who were 
intimately connected with Maj. Ogden, and I should be remiss in 
my duty as a faithful chronicler of the stirring events and start- 
ling scenes that passed vividly before my mind in those days and 
are engraven upon the tablet of my heart as with a pen of steel 
and the point of a diamond, did I neglect to mention among 
the then true friends of freedom and humanity, P. G. Lowe, Esq., 
so long and well known in this city and county as one of her most 
energetic and enterprising citizens. Mr. Lowe, at the time I 
refer to, was one of Maj. Ogden 's right hand men, one upon whom 
he relied in case of great emergency. He was master of transpor- 
tation at Fort Riley at the time. Although every officer and gov- 
ernment employe at the Fort took apparently but little interest 
in the political affairs of Kansas, they had so many opportuni- 
ties in the line of their duty, to render very important service at 
times to the Free State settlers without appearing to do so, or to 
lay themselves liable to censure from their superiors in rank, who 
might and in some substances would have been disposed to have 
done so, had they been aware of the fact. It would be very natur- 
al that we should remember them with feelings of great pleasure 



78 Early History of Leavenworth City and County. 

and deep gratitude. 

Many Free State persons in Kansas in those days, in this 
vicinity, had reason to thank Mr. Lowe and other government 
employes, from the bottom of their hearts for the many marked 
acts of kindness bestowed upon them in a quiet and unobtrusive 
manner. But the great humanitarian act of his life, to which I 
especially desire to call attention in this connection, occurred at 
Fort Riley during the prevalence of that fearful cholera scourge 
in the summer of 1855, before referred to, at the time Maj. Ogden 
sacrificed his life. So prominent were his acts of humanity and 
so zealous and untiring in the discharge of filial duty was Mr. 
Lowe even after the death of his chief, until the plague had ceased 
its ravages, that General Geo. W. McLane, who was at Fort Riley 
at the time, on his return to this city, devoted a column or two 
of his paper to paying a just and merited tribute to the great kind- 
ness and disinterested motives and acts of Mr. Lowe in taking 
care of the sick and suffering and supplying their wants with 
everything in his power. The Quartermaster had a large force 
of men employed there in the erection of government buildings 
at the time the cholera broke out, as above shown, and the larger 
proportion of them were sick at one time and many of them died. 
It was a fearful slaughter as the accounts all showed. Of Maj. 
Sacfield Maclin, Paymaster, Geo. B. Panton, government farmer 
at Fort Leavenworth, both original members of the Town Com- 
pany, and of Col. E. V. Sumner of the cavalry and others I will 
speak at some future time. 



CHAPTER XIII. 



The First Census in Kansas. Proclamation for an Election 
OF Members to the Council and House of the Terri- 
torial Legislature. 

IT was made the duty of the Governor, by the organic act, to 
make an apportionment of the members to be elected to the 
first Council and Houseof the Territorial Legislature, and prior 
to that apportionment and election he was directed by the act 
"to cause a census or enumeration of the inhabitants and quali- 
fied voters of the several counties and districts of the territory 
to be taken by such persons, and in such mode as the Governor 
shall designate and appoint." The Council was to consist of thir- 
teen members and the House of twenty-six, and they were to be 
qualified electors and reside in and be inhabitants of the district 
or county for which they might be elected, respectively, and in order 
to make the apportionment correct, of course it was necessary 
to have the census taken. The Governor had made a trip around 
the territory, as I have before stated, for the Congressional elec- 
tion, the fall before, and was pretty well posted as to localities 
and the general number of actual settlers. 

During the months of January and February 1855, he caused 
the census to be taken. It was done without any public an- 
nouncement of the fact, which of course greatly incensed our 
Missouri friends, for had they been aware of what was going on, 
they intended to come over and be enumerated. Of course they 
were very angry and greatly disappointed and vowed eternal 
vengeance on Reeder. The census returns were sent in as accur- 
ate as they could be, under the circumstances. From the census 
report made to Governor Reeder it appeared there were 5128 
males, 3383 females, 2085 voters and 3,469 minors in the territory. 
The same report shows 408 of foreign birth, 7,161 natives of the 

79 



80 Early History of Leavenworth City and County. 

United States, 151 negroes and 162slaves; total population 8,601. 
It is perfectly astonishing how rapidly voters increased in a few 
weeks in Kansas. As Topsy said, "they must have just growed." 

Proclamation for an Election of Members to the Council 
AND House of the Territorial Legislature. 

For months prior to the issuing of the proclamation by Gov- 
ernor Reeder for the election of members to the Council and 
House of the Legislature, in fact, ever since the rebuff given by 
him to the committee from the pretended convention, held at 
Leavenworth in November, 1854, the Pro-Slavery men, and es- 
pecially the Missourians, had been howling at Reeder for being 
in secret league, as they said, with certain Abolition societies 
in the East, and charging that he was postponing his proclama- 
tion and the election so that the hordes of Abolitionists might 
flood into the country and carry that election. 

It was reported that Reeder was threatened with assassina- 
tion on account of the delay; of this I know nothing. I only 
know there was some talk in Missouri of petitioning the Presi- 
dent for his removal; others proposed that at the coming election 
they elect a new Governor and urge the appointment of said Gov- 
ernor upon the President. This last step was without precedent, 
and they feared the Free State men might follow that precedent 
so set by them. The Free State men did in after years estab- 
lish a precedent of their own, by framing a constitution and pre- 
senting themselves for admission, and electing state officers and 
a Legislature under its provisions, as I have previously shown in 
former "Sketches of Early Kansas Governors." These continued 
threats and menaces, as I said before, caused Reeder to weaken. 
On the 8th of March, five days after the census returns were per- 
fected, the Governor issued his proclamation for the election of 
members to the Council and House of Legislature to take place 
on the 30th of March, 1855. 

The Free State men in different portions of the territory had 
begun to organize for a contest at the polls, believing that if the 
Missourians kept away, they had a fair show of success in the 
territory to elect a majority of the Council and House. There 
was no disguising the question at issue in this election, it was 
either slavery or freedom for the new territory as the Legislature 
would be bound when elected to prepare and pass a code of 



Election Proclamation. 81 

laws to govern the people; and if the institution of slavery was 
not recognized as existing here, and laws provided to maintain 
and protect it, it would soon die out, and the slaves would be re- 
turned to Missouri and other states from whence they came. It 
was the most important epoch in the history of the territory, and 
perchance upon the result of that election might hinge the ques- 
tion of slavery in Missouri, in a short time. Illinois was free, 
Iowa was free, and if a free state was built up on the West, Mis- 
souri would be surrounded on three sides at least with a cordon 
of free states. The people of the border counties of Missouri no 
longer concealed their project of pouring over into Kansas to 
vote at the coming election. 

The Pro-Slavery journals here, the Herald at Leaven- 
worth, the Squatter Sovereign at Atchison, and Kickapoo Pio- 
neer and others invited and urged them to come over. Stories 
of the most outrageous character were published and circulated 
among the people of the border, that hordes of paupers, criminals 
and Abolitionists were on their way to Kansas under the auspices 
of the Emigrant Aid societies from the East to control the elec- 
tions. Thousands were reported to have been landed by every 
boat at Kansas City and other points, a few days before the 
election. 

The leaders in their speeches proclaimed it, the news- 
papers repeated it, and the common people believed it. Meet- 
ings were held in most of the border counties, money was donated 
freely to pay the expenses of the campaign. The most inflamma- 
tory appeals were made by some of the speakers to arouse the 
prejudice of the people. Fallacious plans and able legal argu- 
ments were made to allay any latent suspicions that might exist 
in the minds of the more intelligent, that the people of Missouri 
had no right to go over and vote in Kansas at the coming election, 
although they had not even the shallow pretense of having been 
over and driven a stake and called it a claim six months before, 
and never intended to stay in Kansas only long enough to vote 
and return as hundreds of them did; as I shall show at Leaven- 
worth and vicinity, without referring to the hundreds that went 
to other points in the territory. I am endeavoring to confine 
these sketches to what occurred at Leavenworth and vicinity and 
persons and things that occupied a prominent position in the 
public eye during the period of which I may write. 



82 Early History of Leavenworth City and County. 

The record is already full upon those other points, and has 
been repeated over and over again. I am trying to keep out of 
any heretofore well defined groove or rut, and give some entirely 
new features from what have been heretofore published, except 
as I may have done so on some former occasion. Of course, I 
do not mean new, in the sense that they never occurred; but they 
have not been fully alluded to or properly eliminated by any 
writer on early Kansas, that I have perused. Of course I shall 
or may state many facts that are already quite well known on 
general principles, although their date and location have not 
heretofore been definitely fixed, stated or published. It would 
be impossible to write a page scarcely, of early Kansas general 
history without tramping upon some ground, that had not been 
treked over by one or more of the small army of literary Boers 
who have pursued the fleeing Kansas tale, or hill and dale and at 
last corraled it, in lines of living lore. In speaking of Leaven- 
worth and vicinity I at least hope to be able to relate some new 
and interesting facts of our early history, or revive some old ones 
now dormant in the memory of our oldest citizens, sufficiently 
interesting, I trust, to repay their perusal by a casual reader at 
least. 

Pro-Slavery Meeting at Platte City to Provide Men and 
Money to Vote on the 30th of March. 

I again quote from my journal: — "Monday, March 5th. A 
beautiful day; this morning got into Newman's hack and rode 
over to Platte City to attend the Circuit Court, which commenced 
its regular March term today. But little doing in Court. After 
dinner a large and enthusiastic meeting of Pro-Slavery men was 
held at the Court House. B. F. Stringfellow, my particular 
friend, made a speech, as usual the great 'I am.' He urged as a 
legal argument, among others, to remove all scruples in the minds 
of his hearers as to the right of Missourians to go over to Kansas 
and vote. 'If the very day the person who goes over there is 
not fixed for returning, or if he is uncertain, he is in the strictest 
sense of the law a 'resident' and an 'inhabitant'." By the terms 
of the Kansas organic act every man in the territory on the day 
of election is a legal voter, if he had not fixed a day for his return 
to some other home. Every man in Missouri has a right to go 
to Kansas for such purposes as he pleases. The presence of a 



Pro-Slavery Meeting at Platte City. 83 

voter there is all the proof or evidence he can be required to give. 
If he is present there and desires to offer his vote, it is necessary 
for those who are opposed to his voting to show he has no right 
to vote under the provisions of the organic act, which cannot be 
done." 

He urged the people there in very strong terms and in an 
excited and vehement manner to "go over and take possession of 
Kansas and hold it by force if needs be; to go with guns, pistols 
and knives and to vote and stay there, until people could come 
from the slave states; and then leave and come home again. The 
great object is to secure the election there this spring if possible." 

Rev. Leander Kerr, Chaplain at Fort Leavenworth, who 
made a very happy and able speech, among other things said: 
"Go there to Kansas like men, as patriots, as Christians, (this is 
a new phase of Christianity) and do your whole duty to your- 
selves, your country and your God. ' ' At the close of his speech 
he read a poetical satire upon Abolitionism and all other isms. 
It was in truth a poem of considerable merit and was published. 
(I have a copy somewhere in the archives.) The object of the 
meeting was to raise money to send men to Kansas. I was 
obliged to return to Weston before the meeting closed, but learned 
that Gen. Dave Atchison also made a short speech and among 
other things assured them he should go to Kansas and vote, which 
he did, as the records show), and that it was their duty to do so 
also. He said, "we must and will make Kansas a slave state, 
peaceably if we can, and at the muzzle of the revolver if we must." 



CHAPTER XIV. 



Gen. John Calhoun First Surveyor General of Kansas and 
Nebraska. Election of Members to the First Terri- 
torial Council and Legislature. 

1MET this distinguished gentleman whose name heads this 
sketch for the first time on Thursday, the 29th of March, 1855, 
at Weston, Mo., and brought him down to Fort Leavenworth, 
where he first opened his office as Surveyor General of Kansas and 
Nebraska territories. He also got some shares out of the Town 
Company by promising to put his office at Leavenworth per- 
manently, but went back on us as Reeder did, after he got the 
shares and could get other town interests in Nebraska City, Wy- 
andotte and Lecompton to each of which places he moved his 
office, apparently on wheels, in turn, as circumstances and an eye 
to the main chance (as the boys say) seemed to be most profitable. 
True, as a sort of mild sedative to our Town Company's 
feelings he first located his office for a short time in 1855 on Dela- 
w^are street, in the old one-story frame building, between Second 
and Third streets, next door east of Endress' stove and tin shop. 
This old building has quite a local history, as the first Surveyor 
General's office, a real estate office, H. J. Adams City Bank, dwell- 
ing house, law office, tailor shop, etc. 

I will also, at the proper time, speak of a little personal ex- 
perience the writer had with the General at Kansas City, Mo., 
and with his office at Wyandotte in the fall of 1856, and also of 
his management and the skill displayed by him in connection 
with the Lecompton Constitutional Convention, of which he was 
president, and the manipulating of the returns of the vote on that 
instrument, known as the candle box conspiracy. It is perhaps 
not generally known that the late Judge Oliver Diefendorf and 
Major Fred Hawn, both so well known in this city, were his 

84 • 



Gen. John Calhoun. 85 

brothers-in-law, and clerks in the Surveyor General's office for a 
number of years. Of these latter gentlemen, I shall take great 
pleasure at the proper time in speaking of these two prominent 
men of our city, as I knew them intimately, socially and fraternally 
from 1850 in Weston to the time of their death, a few years since, 
in this city. 

Election of Members to the First Territorial Council and 
Legislature. 

This, the most important election held in the territory of 
Kansas in early times, took place Friday, the 30th of March, 
1855. I quote a few words from my journal of that date: "Quite 
pleasant this morning. A large crowd went aboard the steamer. 
New Lucy at Weston, and rode down to Leavenworth to at- 
tend the election. A great crowd present, at least 1500 or 2000 
persons, most of them from Missouri. The whole affair passed 
off quietly. No fighting or quarreling, all voted that pleased, 
no objections, no challenging or swearing in of votes. The Pro- 
Slavery party of course were victorious by at least 800 majority; 
nearly a thousand votes polled. The same result at Atchison, 
Kickapoo and other points, but not as large a vote polled as at 
Leavenworth by any means. The boat returned to Weston car- 
rying back the crowd from Missouri about five o'clock P. M. 
Fare down and back, dinner included, $2.60." 

Thus ended this great election farce, only equaled by the 
county seat elections in this county and the territorial election, 
both in 1857, of which I shall speak at the proper time. As was 
shown by the report of the investigating committee of Congress, 
sent out here in the summer of 1856, the Pro-Slavery men from 
Missouri came over by thousands and took possession of the polls 
at every election precinct in the territory of Kansas, except one, 
and carried the election as they desired, by electing their own 
men, in some instances displacing those previously nominated 
and electing others; thus were the rights of the bona fide settlers 
ignored and trampled in the dust, and all upon the flimsy excuse 
that the Emigrant Aid societies of the North were sending 
thousands of paupers to control the election here, when it was 
well known to the leaders that it was a physical impossibility for 
any great number to have reached here at that early day. 

As the spring, up to that time, had been very cold and back- 



86 Early History of Leavenworth City and County. 

ward and the steamboats had just commenced running up the 
Missouri river a few days before, not to exceed two hundred 
persons had as yet reached Kansas from east of St. Louis 
that we knew or had heard of. This paltry excuse was in fact 
but httle better than none at all. The Free State men generally 
did not vote at that election, here in Leavenworth at least, 
and no newly arrived eastern emigrants were here. The judges 
of the election, as named by Gov. Reeder, were I believe, Lewis 
N. Rees, David Brown and Matt France. Mr. Brown resigned 
the morning of the election, and George B. Panton, then govern- 
ment farmer at Fort Leavenworth, was elected by the crowd. 

France was Free State and Rees and Panton were Pro- 
Slavery. The whole number of votes in this district, according 
to the census returns, made a few weeks before by order of Gov 
ernor Reeder, was 385; and according to a very carefully pre- 
pared list of the voters in the district made by Auley McAuley 
and Judge Payne, one of the candidates, both strong Pro-Slavery 
men, a few days previous to the election, there were 305 votes in 
the district, including those who had claims but did not live on 
them. Whole number of votes cast at the election 964. By a 
comparison of the poll books with the census returns above stated, 
only 106 of them voted, a number of persons not on the list had 
doubtless acquired a residence here. I presume it would be safe 
to say that of the 964 who voted, 150 were actual residents and 
had a legal right to vote, but a good many Free State men de- 
clined to vote on that day. 

The polls were to have been held at the Leavenworth Hotel, 
but Mr. Keller made some objection to it, and they were removed 
by the judges down to Ben Woods' saddlery shop on Cherokee 
street near Third street. Ropes were stretched from the window, 
where the votes were taken, out into the street, and all who de- 
sired to vote did so by pass ng between the ropes, no challenges 
and no questions asked. The badge of recognition for those who 
belonged to the "Law and Order Party," as they called them- 
selves, was a bunch of hemp in the button hole of the coat, or on 
the hat, or around the waist. This badge indicated that the 
wearer was "sound on the goose." 

Everybody voted who applied to vote, except some Dela- 
ware Indians. The Wyandotte Indians voted, about thirty of 
them. The Free State candidates for Council were B. H. Twom- 



Election to First Territorial Council. 87 

bly of Leavenworth county and A. J. Whitney of Jefferson coun- 
ty. The candidates for the Legislature were FeHx G. Braden, 
Samuel F ance and F. Brown; they all withdrew, I believe, be- 
fore the election, but were voted for, receiving about sixty votes 
each. One of the judges of the election, Matt France, refused 
to sign the returns, after the votes were counted, unless the words 
"lawful resident voters" were stricken out, which, after consid- 
erable discussion was done, and the judges all signed. Rees and 
Panton, two of the judges, refused to take the oath prescribed 
by the Governor before they entered upon their duties. They 
took another and different oath. France took the oath pres- 
cribed by the Governor, and therefore declined to sign the returns 
unless the erasures were made as above. 

It will be borne in mind that although the Missourians, as 
has been amply shown, voted in large numbers at every pre- 
cinct in the territory, except one, at Pawnee, near Fort Riley, I 
believe the Free State men were so shocked, surprised and con- 
founded, and in many instances their lives threatened, and the 
time was so short, four days after the election, in fact they were 
not aware that a notice was required, that protests were only 
sent to the Governor from the 1st, 2nd, 3rd, 4th, 7th, 11th and 
16th election precincts; and the Governor only obtained notice 
from above named districts that any force or fraud had been used. 
In those districts there were as he construed it, material defects 
in the returns of the election, but without deciding upon his power 
to set aside elections for force and fraud, they were set aside for 
other reasons. I will only mention that of the 16th Repre- 
sentative District, Leavenworth county, as I propose to confine 
myself to this city and vicinity, as much as possible. The point 
here was, because the words "by lawful residents" were stricken 
from the returns. 

A new election was ordered by the Governor in the above 
named districts for the 22nd of May, 1855. Of this election I 
shall speak, as there were some very important events occurred 
here before that time. I shall refer to them in their order as I 
have a note of them. 



CHAPTER XV. 



Statement of Col. John Scott of St. Joseph. Rejoicing Over 
THE Result of the Election. Destruction of the Park- 
viLLE Luminary. 

BEFORE proceeding further I should perhaps give more fully, 
some of the reasons and motives in addition to what I 
have already given, which actuated our neighbors in Mis- 
souri in coming over to attempt to control the elections, not only 
in the instance of March 30th, 1855, but in that of other elections 
prior and since except the county seat question in this county; 
and I cannot probably make it more explicit than by quoting the 
language of one who knew the facts intimately, and what was 
said by him applies with equal force to other persons and localities. 

I refer to a written statement made by Col. John Scott in 
1856. At that time he was one of the most prominent, leading, 
talented and able lawyers in Western Missouri. He was for a 
number of years a resident of St. Joseph and city attorney there. 
He says, in speaking of his coming over to Doniphan county, 
Kansas, to vote, "It is my intention and the intention of a 
great many other Missourians, now resident in Missouri when- 
ever the slavery issue is to be determined upon by the people of 
this (Kansas) territory in the adoption of the state Constitution, 
to remove to this territory in time to acquire the right to become 
legal voters on that question. The leading purpose of our in- 
tended removal to the territory is to determine the domestic 
institutions of this territory when it comes to be a state, and 
we would not come but for that purpose and would never think 
of coming here but for that purpose. I believe there are a great 
many in Missouri who are so situated." 

How well our Missouri neighbors kept their pledge to assist 
us in our elections we shall see as we proceed. The result of the 



Result of Election. 89 

election was hailed as a great triumph^ not only by the Pro-Slavery 
men in Kansas, but in Missouri, especially along the border. 

Rejoicing Over the Result of the Election. 

The newspapers were in ecstacies over the news as they re- 
ceived it from the different precincts in the territory. The Platte 
ArguS; published at Weston, among other things, said "it must 
be admitted that they (the Missourians) have conquered Kansas 
Our advice is, let them hold it or die in the attempt." The Squat- 
ter Sovereign of Atchison also blew its bugle thuswise: "Out 
with the gun! We have met the enemy and they are ours. We 
have achieved a glorious victory." Meetings were held at vari- 
ous towns along the border and congratulatory speeches were 
made on the great victory over the Abolitionists as they termed it. 

The burden of their song was "not to let the good work be- 
gan, stop, but to press forward and not cease their labors till every 
Abolitionist and Free State man was exterminated from the terri- 
tory," One speaker more violent than the rest, proposed the 
organization of vigilance committees throughout the territory 
under Judge Lynch 's code ostensibly for the protection of slavery 
but in fact and in truth for the purpose of driving Free State men 
out of Kansas, and especially out of Leavenworth, as I shall have 
occasion to show ere long. 

Destruction of the Parkville Luminary. 

It will not be considered out of place, I trust, if, in this con- 
nection, I allude to the destruction of the Parkville Luminary 
printing office. As showing the mob spirit which prevailed along 
the border in Missouri at the time, I quote from my journal at 
Weston, Mo: 

"Saturday, April 14th, 1855. Rumor here tonight that 
about 500 citizens of this (Platte) county and Clay county assem- 
bled at Parkville and took the Luminary press and all the type 
and material belonging to the office and threw them into the 
Missouri river, and then gave Col. Geo. W. Park, the editor and 
proprietor, and Mr. Patterson, assistant editor, notice to quit 
the town and county in three weeks, and if found here at the expira- 
tion of that t me they would make them follow the press. It 
was caused, we learned, by what they termed the Abolition course 
of that paper of late on the Kansas question." 



90 Early History of Leavenworth City and County. 

Col. Park, the proprietor and partial editor, was absent from 
town at the time the press was destroyed and Mr. Patterson was 
only saved from a coat of tar and feathers by the appeals of his 
wife. Col. Park was one of the most enterprising citizens in the 
county; he had laid out and given his name to the town. He 
subsequently organized the Parkville and Grand River Railroad 
Co., the road was nearly graded to the intersection with the Han- 
nibal and St. Joseph railroad, and is now the Kansas City and 
Cameron railroad, a part of the great Burlington system of rail- 
roads in Missouri and the West. The town was progressing 
rapidly; several large brick and stone warehouses and stores 
were constructed; a fine stone hotel and other evidences of thrift, 
prosperity and enterprise to give additional impetus to the town. 

Col. Park had established and was successfully running a 
first-class newspaper, but unfortunately for him and his paper he be- 
longed to the Benton school of politics, as opposed to Atchison 
and his theories and those of his friends. General Atchison could 
not brook the insult as he termed it, of a newspaper bearding him 
in his own preserves, at least in Platte county where he lived 
most of the time when not in Washington. When at home in 
Western Missouri he spent most of his time and made his head- 
quarters at old Elisha Green's Hotel in Platte City, instead of on 
his plantation in Clinton county. Mo. He was an old bachelor. 
He had a strong liking for the mountain dew of old Bourbon 
county, Kentucky, and the fellowship of jolly, good fellows and 
boon companions that delighted to gather around the festal 
board at old Lish Green's and spin yarns of other days and im- 
bibe in generous bowls of the elixir of life, as only thoroughbred 
Kentuckians can. 

After the election above referred to, on the 30th of March, 
the Luminary in rather mild terms condemned the course of the 
people of Missouri in coming over to Kansas to vote. This so 
exasperated Atchison's followers, (I will not say he sanctioned 
it) that they resolved to give the press the benefit of an immersion 
in the murky waters of the "Big Muddy." They were not long 
in putting their threats in execution. After the baptismal cere- 
monies were performed they called a meeting and passed resolu- 
lutions (everybody in Kansas and Missouri were pregnant with 
resolutions in those days nor have they entirely recovered from 
that complaint even in Kansas up to the present hour, we still 



Destruction of Parkville Luminary. 91 

all want to resolute on the slightest occasion,) requesting the 
two editors above named to leave the county under the most 
severe penalties in case of refusal. They both left, but Col. Park 
returned some months after, when the excitement had subsided. 
He afterwards founded Park College there, by his generos- 
ity, giving it liberal donations during his life and generous endow- 
ments by will at the time of his death. It is one of the leading 
colleges in Missouri and the West at the present time. These 
broad guaged and liberal Missourians at the time they drove 
Col. Park and Mr. Patterson out of town, also forbade all minis- 
ters of the Northern Methodist churches from preaching in that 
vicinity. A few days after, meetings were held at Liberty, Clay 
county, and at Weston, resolutions were passed endorsing the 
action of their friends at Parkville, and also extending the reso- 
lutions with regard to the Northern Methodist preachers, and all 
ministers from free states at least, to those who did not openly 
espouse the cause of slavery. Among their resolutions was one 
in substance, that every person who should in any manner speak 
or publish sentiments or doctrines calculated to bring the insti- 
tution of slavery into reproach should be expelled from the 
country. Several ministers were suddenly taken with a leaving 
from that section of the moral vineyard. So anxious were these 
Law and Order disciples to prevent the contamination of Chris- 
tianity, that they drove out the poor preachers from their flocks 
and meager livings into premature exile. 



CHAPTER XVI. 



Death of Malcolm Clark. One of the Early Incidents of 
Leavenworth. 

BEFORE giving the particulars of this unfortunate affair, it 
may be necessary to a correct understanding of the im- 
mediate cause of the homicide of which I am about to speak, 
that I should briefly allude to the reasons for the holding of that 
squatter meeting in Leavenworth, at which the death of Clark 
occurred. It will be borne in mind that the first squatter meet- 
ing in Kansas as I have previously stated, was held in Salt 
Creek Valley, at Riveley's store, in this county, at which the 
far famed "Salt Creek Valley Resolutions" as they were known, 
were adopted, viz: June 10th, 1854, and on the 8th of July, 1854, 
the"Stockbridge Resolutions," as they were called, were adopted, 
reiterating the previous resolutions and extending the time of 
filing on the claims and changing the place of such filing or regis- 
tering to Fort Leavenworth; and also recognizing the title of an 
assignee and other minor details. 

On the 29th of September, 1854, a resolution was adopted 
at a Leavenworth meeting, endorsing the resolutions of the Salt 
Creek Valley and Stockbridge meetings. Afterwards, owing to 
the fact that many claims were pretended to be held on the Dela- 
ware Trust lands by non-residents, a squatter meeting was held 
at Leavenworth on the 4th of November, 1854, requiring all per- 
sons who had claims on the Delaware lands to occupy them in 
person or by tenant, and at the same time a Kansas Delaware 
Squatter Association was organized with a complete consti- 
tution. On the 2nd of December, 1854, a committee previously 
appointed, reported a preamble and resolutions endorsing all of 
the foregoing, and providing a court for the trial of all contested 
cases between squatters. 



Death of Malcolm Clark. 93 

The officers of that court were R. R. Rees, Chief Justice; A. 
Payne. Associate Justice, Stranger District; Alex Russell, Asso- 
ciate Justice, Salt Creek District; Miles Shannon, Marshal; Green 
D. Todd, Deputy Marshal; S. D. Pitcher, Chief Clerk of Court and 
Recorder of Claims. I have all the different resolutions, consti- 
tutions, etc., etc., but they would occupy too much space in a 
sketch of this kind, and I refrain from troubling my readers 
with them. 

Malcolm Clark was the first marshal of the squatter meeting 
and remained such officer for some time; he was a very energetic 
and positive man, and being one of the original Town Company 
took great interest in its success. The meeting held at Leaven- 
worth on the 30th of April, 1855, was a squatter meeting under 
the provisions of the constitution above referred to; and also in 
pursuance of previous resolutions. Parties were crowding into 
the territory and claims were being taken up in every direction. 
Complaints were made that certain parties were allowed to hold 
claims here and were not living on them, contrary to the resolu- 
tions of the association and in some instances with little or no 
improvements upon their claims. Of course the new-comers 
were anxious to obtain claims, and they complained that the 
Squatter Associations were holding and protecting claims for non- 
residents; of course most of those non-residents wereMissourians. 
A large proportion of the late arrivals were Free State men who 
were anxious to secure claims, as yet however, this question had 
not assumed a political shape, as we Delaware squatters were all 
in the same boat together, trespassers upon the Indian lands and 
we could not afford to quarrel among ourselves, although there 
was great danger of an open rupture in a short time unless every 
claim had a bona fide occupant residing upon it. 

This 30th of April meeting was called for the express purpose 
of taking some positive action in the premises. The elements 
of which it was composed were not as homogeneous as might have 
been desired under the circumstances. The difficulty however, 
arose from the complaints of some of the new-comers, who of 
course had no claims, and who in some instances simply desired 
to speculate in claims by jumping or otherwise securing them 
as they could find an oppuortunity; and the fact that several 
parties, who resided in the town and owned shares or lots which 
they had bought, also held an outside claim. This spirit of fault- 



94 Early History of Leavenworth City and County. 

finding was also encouraged by certain parties who resided in 
town, but could not obtain an outside claim without buying the 
same from the then clainxant. The same spirit was further en- 
couraged by designing outsiders, who were opposed to Leaven- 
worth 's success or either had no claims in the territory, or one on 
the Kickapoo lands, which was pre-emptable, and they hoped by 
getting up a row in Leavenworth among the squatters, that in 
the general melee and break up, a small fish might fall into their 
basket by some hocus pocus operation. 

This was the situation of affairs in the town and vicinity, at 
the time the squatter meeting of the 30th assembled. An impru- 
dent word or what might be construed into outside interference, 
by anyone, was very liable to inflame the passions of the more 
sensitive, and set them off, like an unlucky spark in a powder 
magazine. 

The meeting was held under the "Old Elm Tree," at the cor- 
ner of Cherokee and the Levee. Several speeches had been made 
and resolutions were being discussed, the excitement was pretty 
high. Mr. Clark, who as I before stated, was a member of the 
Town Association, a little passionate when his Scotch blood was 
aroused, was taking rather an active part in the meeting, as one 
deeply interested. Mr. McCrea, who was then residing in the 
country, lately an inmate of the Soldiers' Home, as many 
of our readers are aware, was reported to have inter- 
rupted the speaker once or twice, and it was suggested 
to Clark that McCrea was not a "Delaware Squatter," as his 
c aim was on the cut off, back of Fort Leavenworth reserve, near 
the Salt Creek bridge (not far from where the D. W. Powers 
brick house now stands) and that he (McCrea) was not interested 
in this matter. Clark went to him and stated what he under- 
stood about his claim, and asked him to not again interfere in 
the meeting, explaining that it was a Delaware squatter meeting; 
Clark returned and stated that McCrea had not understood it 
before, but would not again interrupt or say anything. Shortly 
after the chairman was putting to a vote a resolution before 
the meeting, and as it was difficult to ascertain the result by sound, 
a division was called for and it was upon this vote that McCrea 
took part and when the chair announced that the resolution was 
carried, he (McCrea) pronounced the division a fraud. 



Death of Malcolm Clark. 95 

To this Clark took exception, and the he passed between him 
and McCrea. Clark advanced upon McCrea and stooped down 
to pick up a piece of board or scantUng, and raised it to strike 
McCrea, who rushed towards Clark and the blow missed him; he 
then retreated and Clark pursued him and McCrea turned and 
shot him. He spoke but a word or two and died in five minutes. 
McCrea ran and jumped down the bank at the edge of the 
river. Several shots were fired at him while standing there with- 
out apparent effect. The excitement was intense, a rope was 
soon produced and he would doubtless have been hung by the 
excited crowd, had it not been for the cool bravery of Samuel D. 
Pitcher, an old citizen of the territory, at Fort Leavenworth and 
afterwards here, who suddenly appeared, mounted on horseback 
and another man with him, both heavily armed and ordered the 
driver of a government hack or ambulance, I think, to drive into 
the crowd and then approaching McCrea who was seated on a 
block near the tree, told him to get into the hack, which he did 
speedily w • h the assistance of some friends, and then ordered 
the driver to push for Fort Leavenworth as rapidly as possible 
while he and the man with him with drawn revolvers followed, 
their movements behig so rapid that the crowd were completely 
thrown off their guard. 

McCrea was put in the guard house at the Fort where he re- 
mained for several months, and afterwards he escaped and re- 
mained away from the territory until after the rebellion, when he re- 
turned and he was lately at the Soldiers' Home, as above stated. 
Although an indictment was afterwards found against him, there 
was never any prosecution under it. The next day the body of 
Malcolm Clark was taken to Weston near where he had lived for 
a number of years previous, and buried in the cemetery, above 
the town, in the city burying ground. One of the largest pro- 
cessions turned out that I have ever seen in the West, as Mr. 
Clark was very highly respected and beloved by his old friends 
and neighbors. 

I quote a word from my journal: "Weston, Tuesday, May 
1st, 1855, P. M. A large company came over from Leavenworth 
with the body of Mr. Clark, and he was buried in our cemetery. 
Tonight a public meeting of our citizens is being held expressive 
of the sense of the people upon the death of Mr. Clark. Some 
strong measures were proposed to raise a crowd and go over and 



96 Early History of Leavenworth City and County. 

take McCrea out of the guard house and hang him. The sober 
second thought prevailed and it was abandoned." 



CHAPTER XVII. 



The Tarring and Feathering of William Phillips. Another 
OP Those Most Unfortunate and Disgraceful Incidents 
With Which Our Town was Afflicted in Early Days, 
Following Close on the Heels of the Homicide of 
Malcolm Clark, and Sought to be Justified by its Aid- 
ers AND Abettors on Account of that Unjustifiable and 
Outrageous Act. 

THIS was one of the most outrageous and disgraceful affairs ^ 
that ever occurred in any civihzed community. Wm. Phil- 
Hps was a young lawyer of fair legal abilities, a quiet, inoffen- 
sive citizen, very highly respected by all who knew him. He was 
residing at the time the unfortunate affair alluded to occurred, 
with his wife and one child, I believe, in a small frame house on 
Delaware street, south side, near Third street, two or three lots 
west of the corner where Geo. Eddy's drug store now stands. 
He was known and recognized as an active Free Statesman. 

On the day of the meeting at which Clark was killed, as above 
stated, Phillips had taken some little part and was charged with 
having handed McCrea the pistol with which the homicide was 
committed. Of this there was no positive proof whatever, such 
a statement being doubtless made before the coroner, at the inquest 
held upon the body of Mr. Clark, that evening shortly after the 
homicide took place, and the making of such an unwarranted 
statement at such a time only served to add fuel to the flame 
which was then burning at full height. 

I should add this fact, which occurred a few days previous 
and which had first inflamed the minds of certain Pro-Slavery 
men towards Phillips. He had been very active in getting up 
the protest to Gov. Reeder, signed by himself and fourteen others, 
against the election of certain persons to the Council and Legisla- 

97 



98 Early History of Leavenworth City and County. 

ture on the 30th of March; he also made the affidavit accompany- 
ing it^ charging force, fraud, illegal voting and that persons were 
deterred from voting, etc. A new election had been ordered b}- 
Gov. Reeder in this district, to take place in May. Willful per- 
jury had been charged against Phillips by certain parties and this 
was the real secret of their animosity towards him. The charge 
of aiding and advising McCrea was an excuse. 

A public meeting was held in Leavenworth that night, the 
30th of April, 1855, at which the following resolutions were passed. 
I clip them from the Kansas Weekly Herald of the 4th of May, 
1855: 

"Public Meeting. 

"At a meeting of the citizens of Leavenworth and vicinity 
held on the evening of the 30th of April, for the purpose of taking 
some action in regard to one, William Phillips, who is reported to 
be accessory to the murder of Malcolm Clark, D. J. Johnson was 
called to the chair, and Joseph L. McAleer chosen secretary. On 
motion the following preamble and resolutions were unanimously 
adopted : 

"Whereas, by facts elicited at the coroner's inquest, held 
over the body of Malcolm Clark, as well as from other circum- 
stances that have come to our knowledge, it appears that William 
Phillips of Leavenworth, was an accessory to the murder of one 
of our most respected citizens, and whereas the conduct of said 
Phillips, heretofore has fully demonstrated his unworthiness as 
a citizen or gentleman, therefore, 

"Resolved, that in accordance with the expressed desire of 
the indignation meeting tonight, William Phillips be ordered to 
leave this territory by two o'clock Thursday evening next, and 
that a committee of ten be appointed to notify him instanter of 
the requisition of this meeting. 

"Resolved, That the notice be written and signed by the 
committee who shall proceed immediately after the adjournment 
to the residence of William Phillips and deliver it to himself in 
person. 

"Resolved, That the course to be pursued in regard to the 
other Abolitionists, and to the other matters of importance, be 
left for the decision of the meeting of the citizens to be held next 
Thursday. 



Public Meeting:. 99 

"Resolved, That the proceedings of this meeting be signed 
by the officers and other members of the committee. 

"The chairman appointed the following named gentlemen to 
wait upon Mr. Phillips: Jarrett Todd, John E. Posey, N. B. Brooks, 
William Berry, Thos. C. Hughes, H. Rives Pollard, Joseph H. 
McAleer, John H. McBride, James M. Lysle and A. Payne. On 
motion the meeting adjourned to meet again Thursday, May 3rd. 

"D. J. JOHNSON, Chairman." 

Signed by Jarrett Todd and other members of the committee. 

The following is a duplicate of the notice served on William 
Phillips: 

"Leavenworth City, April 30, 1855. 

"To William Phillips: 

"Sir:— 

"At a meeting of the citizens of Leavenworth and vicinity, 
we the undersigned were appointed a committee to inform you 
that they have unanimously determined that you must leave 
this territory by two o'clock of Thursday next. Take due notice 
thereof and act accordingly. Jarrett Todd, John E. Posey, N. 
B. Brooks, William E. Berry, H. Rives Pollard, Jno. H. McBride, 
James M. Lysle, A. Payne, Thomas C. Hughes, William Blair. ' ' 

On Thursday, the 3rd of May, the day to which the fore- 
going meeting of the 30th of April was adjourned in the morning, 
Phillips left town, at least so his brother told some of the mem- 
bers of the foregoing committee who called at the house to ascer- 
tain the fact. The committee reported to the meeting that he 
had left town. That adjourned "Public Indignation Meeting," 
as it was called, passed some very pointed and stringent resolu- 
tions, which appeared upon their face to mean business. 

A vigilance committee of thirty was appointed and speeches 
made. All the names are given, but owing to their length, I will 
defer them for the present at least. After the meeting adjourned, 
Phillips appeared on the street near the Herald office, and was 
immediately arrested by a number of the vigilance committee 
above referred to, and taken into the Herald office, where after 
repeated threats of tarring and feathering, and other things, he 
was allowed to depart upon condition, as they said, that he had 
promised he would leave the territory as soon as he could 
settle up his business. 



100 Early History of Leavenworth City and County. 

Time passed on and as Phillips showed no signs of leaving 
the town, on the morning of the 17th of May, a party composed 
of about a dozen men, as I afterwards learned, went where he 
was, all of them armed, and arrested him without a moment's 
warning and hurried him down to the river before it was known 
in the town, except by two or three friends. They put him on a 
flat boat and immediately crossed the Missouri river with him. 
Shortly after twelve o'clock, they appeared in Weston with their 
prisoner. 

I copy from my journal of that date, as I was there on that 
day: "Thursday, 17th of May, 1855. The most disgraceful out- 
rage took place here this P. M. that I ever witnessed. About a 
dozen men from Leavenworth took a man by the name of Phillips, 
a lawyer there, whom they had before ordered to leave town on 
account of his being an Abolitionist, as they charged, but he had 
returned again. They took him today and brought him across 
the river, just below Weston, and in a warehouse stripped him to 
the waist, tarred and feathered him and brought him up into 
town, mounted him on a rail and had a number of niggers and 
boys to drum on old pans and ring bells around. After marching 
through town they put him on a block opposite the St. George 
Hotel, and Dr. Ransom's old darkey, Joe, auctioned him off and 
bid him in at one cent. They then took him down from the block, 
and after marching him about town a little longer, our people be- 
ginning to show signs and mutterings of disapproval and disgust 
of the proceedings, they soon started for home again with him. 

"He still stuck to his integrity to the last. Thank God it was 
mostly drunken rowdies from Leavenworth. I recognized one 
or two men whom I was surprised to see in the crowd, tugging at 
the rail on their shoulders, on which was seated Phillips, the vic- 
tim of this vile outrage. The citizens of Weston took no part in 
it, and most of them condemned it in the strongest terms. I 
looked for a terrible row. Had it been almost anyone else, or 
even some one who was known to them, there would be serious 
trouble. The crowd did well to leave town with their subject on 
short notice. The Weston people say, if they have men in Kan- 
sas whom they wish to tar and feather, let them do it there, but 
not bring them over here to disgrace our town with such an out- 
rageous exhibition, we want no displays or exhibitions of that 
kind again, and woe be to those who attempt it." 



Public Meeting". 101 

The next day and the day following, Saturday, there was a 
good deal of excitement about the matter. The mayor called a 
public meeting at night, and a committee was appointed to draft 
resolutions expressive of the sense of the people of Weston on ac- 
count of the outrage perpetrated in the streets of their city. The 
committee reported on the following Monday night some very 
strong resolutions, denunciatory of the whole proceedings, and 
of the parties who were engaged in it. I was over at Leaven- 
worth and only saw the resolutions as published in the Weston 
Reporter. 

Among the crowd who brought Phillips over to Weston and 
took an active and leading part in the outrage upon him, I saw 
the following whom I knew personally, Thos. C. Hughes and Eli 
Moore, both of whom the writer had occasion to remember in 
after days. John E. Posey, Deputy U. S. Court Clerk; H. Rives 
Pollard, Assistant Editor, and W. H. Adams, then one of the pro- 
prietors and the founder of the Herald; J. L. McAleer, engineer 
and surveyor; Jas. M. Lyle, attorney and partner of D. J. John- 
son; Wm. L. Blair, clerk in store; D. Scott Boyle, clerk of U. S 
Court; Bennett Burnham, then a young gentleman of leisure and 
some four or five others. 



CHAPTER XVIII. 



Honorable Thomas C. Shoemaker, and Other Items. 

THIS gentleman came to Kansas in April or May, I believe, 
of 1855, an appointee of President Pierce, a receiver of public 
monies of the territory. I met him at Leavenworth a few 
days after his arrival in the territory, and on the 14th of May, 
1855, I went on his bond with others as such receiver for $5,000. 
At the time of his arrival here and for some months after, he was 
one of the strongest administration Democrats in the territory; a 
great friend and admirer of Hon. Stephen A. Douglas, to whom 
he owed his appointment, as did John Calhoun, Surveyor General 
of the territories of Kansas and Nebraska and other presidential 
appointees from Illinois. Mr. Shoemaker was a lawyer by pro- 
fession. Being quite a young man when he came to Kansas, he 
practiced law, only a short time. 

Like many other administration Democrats who came to 
Kansas in the early days, he was very loath to believe the stories 
which were published in the Eastern papers relative to the inter- 
ference by the people of Missouri in the elections in Kansas, and 
the indignities to which the Free State men were almost daily 
subjected, especially in Leavenworth and vicinity, for daring to 
entertain Free State opinions, much more to express themselves 
in favor of making Kansas a free state. But these "Old Na- 
tional Democrats," as they delighted to call themselves when 
they first reached this land of promise, and were met by these 
new style Democrats, these "Law and Order" chieftans, and their 
politics, and the state from whence they came demanded, they 
proudly answered, "We are old line National Democrats; we 
came from Illinois, Indiana, Ohio, Pennsylvania," or whichever 
state it might be. To which answer these noble sons of "Law 
and Order" replied, "That wont do; we have but two parties here, 
either Pro-Slavery Law and Order men or Free State Abolition- 

102 



Miscellaneous Items. 103 

ists; and you make your choice and that d — d soon, or go down the 
river back to where you came from." 

That kind of talk soon broke the boys of sucking National 
Democratic eggs — they wanted another diet. It was quite differ- 
ent treatment from what they had expected, this Shibboleth 
would not pass them at the Missouri river, vide, here in Leaven- 
worth, Judge M. W. Delahay, M. J. Parrot, Thos. C. Shoemaker, 
Dr Levi Houston (of which I shall speak hereafter among the 
others as one of our leading citizens), Mr. Pierce (Shoemaker's 
father-in-law,) Dr. James Davis, Cyrus F. Currier, John and 
Henry McKee, and many others, and back in the territory. Gen. 
James H. Lane, Gov. W. Y. Roberts, Col. J. F. Frost, Col. C. K. 
Halladay, Hon. C. W. Babcock, M. F. Conway, Col. Tom Thorn- 
ton, Hon. Joel K. Gooclen, et al., too numerous to mention. Some 
of us were old line Whigs when we came here, and we expected 
just what we received, as we had no political axes to sharpen on 
the Democratic grindstone, vide. Gov. Robinson, Judge G. W. 
Smith, P. C. Schuyler, Judge Morris Hunt, Col. Lyman Allen, 
Gen. G. Deitzler, Col. O. F. Lenard, John Speer, Robt. Morrow, 
Judge Wakefield, and many others, in the back part of the terri- 
tory. 

In Leavenworth Judge S. N. Latta, Uncle George Keller, Adam 
and George Fisher, Henry J. Adams, Scott J. Anthony, Harry 
Fields, M. M. Jewett, J. L. Byers, D. Dodge, Gen. Geo. W. Mc- 
Lane, and a score of others tried and true. Tom Shoemaker, as 
everybody called him, was one of the bravest, boldest, outspoken 
men I ever met, true as steel, bold as a lion, independent in thought 
and action, a man of untiring perseverance and great energy of 
character; at times a little reckless and imprudent for his own 
welfare. I knew him intimately up to the time of his sad and un- 
timely taking off, at the hands of a mob of brutal assassins for 
opinions' sake, which occurred February 6, 1859, in this city. 
For months previous to his death he had made my office his head- 
quarters. Owing to the troubled state of the country, the sur- 
veyor general was slow in getting the territory surveyed and 
opened for settlement, and consequently the land office was not 
opened, I believe, while Shoemaker held the office of receiver; or 
if opened he occupied the place but a short time, when he was 
removed on account of his Free State proclivities, and William 
Brindle appointed in his stead. 



104 Early History of Leavenworth City and County. 

After Shoemaker's removal, being no longer trammeled by 
a government appointment, he openly espoused and urged with 
all his zeal and energy the making of Kansas a free state. Of 
course, he became obnoxious, politically, to the Pro-Slavery party ; 
although as a man and citizen he was highly respected by all 
who knew him, and especially beloved by his friends and immedi- 
ate acquaintances. He left a large circle of friends, a devoted and 
most estimable wife, a lovely and interesting family of children 
(most of whom still reside here, I believe) to mourn his sudden 
demise. His widow afterwards married Judge A. Brown, a well 
known citizen, who died several years ago. 

The following are the resolutions and proceedings of the ad- 
journed indignation meeting, held at Leavenworth on Saturday, 
the 3rd of May, 1855, as I find them in the Kansas Weekly Her- 
ald, of the nth of May, 1855: 

"PuBi,ic Indignation Meeting. 

"Pursuant to the adjournment of the indignation meeting 
on the 30th of April, 1855, the citizens of Leavenworth re-con- 
vened on Thursday last, at 11 o'clock A. M., Col. A. Payne pre- 
siding, and James M. Lyle acting as secretary of the meeting. 
The committee appointed to draft resolutions reported the fol- 
lowing through their chairman, Col. J. M. Alexander, which were 
unanimously adopted: 

"Resolved, That we regret the death of our esteemed fellow 
citizen, Malcolm Clark, and most bitterly condemn the cowardly 
act by which he was murdered; but we would deprecate any vio- 
lation of the laws of the land by way of revenge, but stand ready 
to maintain and defend the laws from any violation by any mob 
violence; that we do not deem the time has arrived when it is 
necessary for men to maintain their inalienable rights by setting 
at defiance the constituted authorities of the country. 

"Resolved, That we deeply and sincerely sympathize with 
the family of Malcolm Clark, deceased, in their sad and irrepar- 
able bereavement, which has deprived them of an affectionate 
and loving father, and the community of one of its most useful, 
enterprising and esteemed citizens. 

"Resolved, That the interests of our young and lovely terri- 
tory have lost in the person of Malcolm Clark an energetic and 



Public Indigrnation Meeting". 105 

praiseworthy friend, one who was ever ready to put forth his 
best energies to advance the pubhc weal, and whose sentiments 
were hberal and at all times expressed with a bold and fearless 
defiance of the errors of the day. 

"Resolved, That no man has the right to go into any com- 
munity and disturb its peace and quiet by doing any incendiary 
acts or circulating incendiary sentiments; we therefore advise 
such as are unwilling to submit to the institutions of this country 
to leave for some climate more congenial to their feelings, as Ab- 
olition sentiments cannot nor will not be tolerated here, and 
while we do not say what may be the consequences for the peace 
and quiet of the community, we urge all entertaining and ex- 
pressing such sentiments to leave immediately, claiming the right 
to expel all such as persist in such a course. 

"Resolved, That in the present state of public excitement 
there is no such thing as controlling the ebullition of feeling, while 
material remains in the country to give it vent. To the peculiar 
friends of northern fanatics we say, this is not your country; go 
home and vent your treason where you may find your sympathy. 

"Resolved, That we invite the inhabitants of every state, 
north, south, east and west to come among us to cultivate the 
beautiful prairie lands of our territory, but leave behind you the 
fanaticisms of higher law and all kindred doctrines; come only 
to maintain the laws as they exist, and not to preach your higher 
duties of setting them at naught, for we warn you in advance 
that our institutions are sacred to us, and must and shall be re- 
spected. 

"Resolved, That the institution of slavery is known and rec- 
ognized in this territory, that we refute the doctrine that it is a 
moral and political evil, and we hurl back with scorn upon its 
slanderous authors, the charge of inhumanity; and we warn all 
persons not to come to our own peaceful firesides to slander us 
and sow the seeds of discord between the master and servants, 
for much as we deprecate the necessity to which we may be driven, 
we cannot be responsible for the consequences. 

"Resolved, That we recognize the right of every man to 
entertain his own sentiments in all situations and to act them 
out so long as they do not interfere with either public or private 
rights, but when the acts of men strike at the peace of our social 
relations and tend to subvert known and recognized rights of 



106 Early History of Leavenworth City and County. 

others, such acts are in violation of morals, of natural law, and 
systems of jurisprudence to which we are accustomed to submit, 

"Resolved, That a vigilance committee consisting of thirty 
members, shall now be appointed, who shall observe and report 
all such persons as shall openly act in violation of law and order, 
and by the expression of Abolition sentiments, produce disturb- 
ance to the quiet of the citizens or danger to their domestic re- 
lations, and all such persons so offending shall be notified and 
made to leave the territory. 

"The committee appointed on Monday last to notify Mr. 
Phillips of the requisition of the citizens of Leavenworth, re- 
ported to the meeting that said Phillips had left the town in com- 
pliance with the instructions given him. On motion of , a 

committee of vigilance, conssting of thirty, was appointed for 
the purpose of carrying out the resolutions of the meeting. The 
following gentlemen compose the committee . 

"The meeting was ably and eloquently addressed by Judge 

, Col. J. N. Burns of Weston, and D. J. Johnson. On motion 

of Bennett Burnham, it was unanimously confirmed that the pro- 
ceedings of this meeting be published in the Kansas Herald, 
Platte Argus, and other papers friendly to the cause. 

"On motion the meeting adjourned sine die. 

"James M. Lyle, Secretary. 

"A. Payne, President." 

In my next I will give a few comments on the above resolu- 
tions. 



CHAPTER XIX. 



A Few Comments on the Resolutions Published in Our Last 
Sketch, Passed May 3, 1855, at the Indignation Meet- 
ing, Adjourned From April 30, 1855. An Open Letter 
From Judge S. D. Lecompte. 



THERE is a degree of freshness and the genuine ring of high- 
toned UberaUty about the last six resolutions above referred 
to, which is perfectly entertaining. Toombs, Brooks, Yancy, 
Wigfal, and others of that class would have been perfectly delighted 
with the high-toned, chivalrous freedom, persuasive sentiments 
they breathe in every line of those well rounded periods. They 
showed such heroic devotion to the cause of the South and her 
institutions. There is such a soft and winning style about them, 
so inviting to the Free State men of the North to come and live 
beneath the umbrageous shade and the broad aegis of their tree 
of liberty. They so feelingly assured the Free State citizens that 
are now residing in Leavenworth (as I have before intimated was 
the situation here) that all their ways shall be ways of pleasant- 
ness, and all their paths, paths of peace; happy peaceful hours 
should beguile their thoughts. Only follow the gentle instruc- 
tions there laid down, and all shall be as serene as a May morning. 
But on perusing those soul-stirring and heart-searching pen 
droppings, no one would have believed that their noble author 
was born and raised in the great Free State of Pennsylvania, 
that neither he nor his father before him ever "owned a nigger"; 
they sound so much like the emanations and outpourings of a 
soul gushing with freedom's aspirations. There is none of that 
miasmatic, depressing, choleratic, death-dealing affluvia of the 
lower river plantations or lagoons of Louisiana and Florida or 
the rice swamps of South Carolina permeating through them; 
there is no crack of the whip or baying of the blood hound about 
them. Oh no! they are as gentle and loving as a suckling dove, 
and reminds one of the pleasant fields of Elysium, rather than the 
the sickening babbling of demons in pandemonium. 

107 



108 Early History of Leavenworth City and County. 

I would suggest, by way of parenthesis, that I have no doubt 
the author of those resolutions could get a patent for them out 
in Utah at the present time, for I imagine the gentiles are trou- 
bling the saints in the same way the Free State men and the 
Abolitionists troubled the "Law and Order" disciples here in 
early days, interfering with their peculiar institution of slavery. 
I have no doubt the saints are of the same opinion towards the 
gentiles who are pouring into their country. "Kansas belonged 
to Missouri," "Long John" Stanton said, "for she found it first," 
and the Mormons found Utah and Salt Lake first and established 
the peculiar institution there first. The Mormons should issue 
the same "Notice to Quit" to the gentiles that the Pro-Slavery 
party did to us Free State men and Abolitionists here in Leav- 
enworth. I presume it would have about the same effect. 

It was a remarkable fact that the loudest, most brawling, 
noisy, and most boisterous of the "Law and Order" party here 
in Leavenworth in those days originally came from Free States; 
they wanted to show they were sound on the goose. The men 
who called, and took the most active part in their indignation 
meetings and composed their vigilance committees, especially 
the ones who passed the resolutions detailed in our last sketch, 
had with one or two exceptions, little or no pecuniary interests 
whatever in slave property in Kansas or elsewhere, they were 
the mere tools and puppets of designing politicians of the baser 
sort; in some instances the froth and scum of society, the can- 
naille of the towns. If niggers had been but ten dollars a dozen 
they could not have bought a blind one's toe nail. The pros- 
pect was truly flattering, that the star of peace was about to dawn 
upon us, with all of its sparkling effulgence. Those gems of 
thought, those chunks of wisdom, as before enumerated, were 
sure to act as a gentle sophorific upon the nerves of Abolitionists 
hereabouts. These vigilance committees were also one of our 
things in those days, we liked them, and had them often, at least 
once a year, or at least until most of the vigilants got tired 
wrestling with the "poke juice" and "Tarrantula oil" of those 
days, that flowed hot from the worm of the still, or having some- 
times got too much fatigued toting their jag forgot to wake up, 
and so rested with their fathers and brethren. Such was life in 
Leavenworth in those halycon days. 



Open Letter from Judge S. D. Lecompte. 109 

An Opp:n Letter From Judge S. D. Lecompte. 

As I have previously stated, and as doubtless many of our 
citizens will call to mind, in 1873 I wrote a series of letters, by 
way of amusement and as a past time, on "Early Kansas" and 
especially of incidents in the early settlement of Leavenworth. 
Some of these letters were published in the Leavenworth Com- 
mercial, then owned and published by Prescott & Hume. It 
was in response to one of those letters that I received the follow- 
ing letter from Judge Lecompte, which I copy below. I shall 
have occasion to refer to His Honor more than once in these 
sketches, as we proceed. He was a resident of this city and coun- 
ty for a good many years; and as the first Chief Justice of our Ter- 
ritorial Court and Judge of the First District, he occupied an hon- 
orable and proud position. His political, as well as judicial ac- 
tions and decisions, were often the cause of severe and captious 
criticism and perhaps at times unjustly so. His peculiar environ- 
ments placed him oft times at great disadvantage with his po- 
litical enemies, who gave him little or no credit for honest}^ of 
character or integrity of purpose. When I come to that point 
in these sketches where I shall speak of the early judiciary and 
members of the bar of our city, I will endeavor to do Judge Le- 
compte equal and exact justice as I saw and knew him for more 
than a score of years here in our midst, as a judge, a lawyer, a 
citizen and a neighbor. 

It was at the date above mentioned I was handed by Judge 
Lecompte the following letter, written by himself and ad- 
dressed to me. It is but justice to his memory that I should 
publish the same at this time — it will explain itself; and right here 
I desire to say that I did as he suggested from the kindest motives, 
leave out his name where it occurred in the "published proceed- 
ings" of the Herald of the 11th of May, 1855. I also, with 
the same motives, left out other names of citizens who were still 
living here with their families, some of them occupying public 
places of trust, with whom I was and still am on terms of special 
friendship and who are highly respected by all. The same maybe 
true, and doubtless is to a certain extent, of other parties whose 
names have and will appear from time to time as we progress. 

I trust no one will take offense at what I say — remember I 
am writing history. I may fall into errors sometimes, but I 



110 Early History of Leavenworth City and County. 

shall ever be ready to correct them if pointed out, as I have re- 
peatedly said, I shall endeavor to tell the exact truth as I saw 
it or learned from eye witnesses at the time, and shall not inten- 
tionally do any person the least injustice, but shall speak of them 
as history finds them. It is not a very pleasant task, and I am 
sure not a profitable one, pecuniarly. It is my own amusement 
and recreation, as I have before said, in giving my reasons for 
these hasty sketches. I am satisfied for the present at least. 
Below is Judge Lecompte's letter: 

"Leavenworth, 21st July, 1873. 
"Hon. H. Mules Moore, 

"Dear Sir: 

"I notice in reading the last of your interesting reminiscences 
of early Kansas, that you omit my name as one of the reported 
speakers at an 'Indignation meeting,' held at Leavenworth on 
the 3rd of May, 1855. This I have no doubt you did in kindness 
to me, believing that my name, in the judicial position I then 
held, in such connection would be discreditable to me. I thank 
you for such friendship, and will give the explanation of my at- 
tendance at that meeting, and of the part I took in it, which had 
you known would have enabled you to have done me the greater 
favor of vindicating me from the odium to which I was subjected 
on account of my participation therein. 

"How often may it have happened in history that men have 
suffered most ignominious denunciation for their noblest acts, 
while others have been extolled to heaven for what, could the 
truth be known, was, so far as motive was involved, the basest 
villainy. I knew that in my own case, calumny was the reward 
received for as disinterested and magnanimous conduct as I was 
capable of performing. The facts are simply these: I was resid- 
ing at the time with my family at the Shawnee Mission, with Gov- 
ernor Reeder and other officials of the territory. A short 
time before the coming along of the stage to Fort Leavenworth 
on the 2nd, I was informed of the intended 'Indignation meet- 
ing,' to be held at Leavenworth the next day, the leading object 
of which was to inflame the popular mind, to take into its own 
control the vindication of the law and then to promptly vindi- 
cate it, by the summary execution of the alleged culprit. 

"Short as was the notice, I determined to come to Leaven- 
worth and resist to the utmost and stop at all risk, any such move- 



Open Letter from Judg-e S. D. Lecompte. ill 

ment. Accordingly I came to the Fort, remained there over 
night, and was at Leavenworth at an early hour next morning and 
saw and conversed with, as far as practicable, every man supposed 
to be influential in fomenting or suppressing a spirit of mis- 
rule, and by the time the meeting was called had succeeded, I 
believed, in thwarting a course of violence. When the meeting 
was assembled, I mounted, I think, an old wagon, and delivered 
the most earnest speech within my capacity to make in favor of 
the resolution deprecating 'any violence.' A most violent effort 
was made in opposition to defeat the resolution, but, as I then 
believed and now think, it was mainly through my exertion, 
triumphantly carried. 

"I spoke on no other point and do not recollect that I heard 
of any other subject or discussion, and most assuredly had no 
more to do with any other part of the proceedings at the meeting 
than yourself, or any other absent person. I saw the report as 
you published it in the next issue of the Herald, and feeling 
intensely chagrined at the manner of being announced as a speak- 
er on an occasion when such resolutions were passed, with none 
of which I felt the least possible sympathy, except the single 
one I have mentioned, and that one expressing condolence with 
the bereaved. 

"I intended to write the proper explanation for the next 
issue, but unhappily for a proper vindication of myself, I failed 
to think of the future, and considering that the knowledge of 
those present would correct the falsity of the position assigned 
to me, and let pass the opportunity of correction, and they left a 
permanent record, a record of the proceedings, such as it is. 

"This explanation I had occasion to make and did make 
through the St. Louis Republican, when my name was after- 
wards published by the Congressional committee sent out to en- 
quire into the disturbances of Kansas. That committee seeing 
the same report very naturally presumed from it, that I had ad- 
vocated the rancorous resolutions of the second meeting and de- 
nounced such conduct as utterly unworthy of one in*my position. 

"Such denunciations I most heartily endorse upon the note 
of facts as they regarded it, I should have felt myself unfit to 
exercise the slightest functions of a judicial position, had I par- 
ticipated in any such proceedings. 



112 Early History of Leavenworth City and County. 

"Thanking you again for your intended kindness, and think- 
ing that I had not ill-advisedly availed myself of the opportunity 
of correcting a long existing misapprehension, I am, yours truly, 

"Sam'l D. Lecompte. " 



CHAPTER XX. 



Meeting IN Leavenworth Endorsing the Tarring and Feath- 
ering OF WiLiiAM Phillips. The Second Election for 
Members to the Legislature Held at Leavenworth, May 
22, 1855, Proceedings of Platte County Self Defen- 
sive Association. The Weston Reporter. Citizens' 
Meeting at Weston. 

THE following is a copy of the resolutions published in the 
Kansas Herald on the 25th of May, 1855: 

"Public Meeting. 

"At a meeting of the Pro-Slavery party of this city and 
vicinity, held on Saturday last (19th), on motion of Jarrett Todd 
was called to the chair and C. C. Harrison was chosen secre- 
tary. After an explanation of the object of the meeting the 
following resolutions were on motion of Judge Payne, unani- 
mously adopted. 

"First. That we heartily endorse the action of the com- 
mittee of citizens who shaved, tarred and feathered, and rode on 
a rail and sold by a negro, William Phillips, the moral perjurer. 

"Second. That we return thanks to the committee for 
faithfully performing the trust enjoined upon them by the Pro- 
Slavery party. 

"Third. That the committee be now discharged. 

"Fourth. That we severely condemn those Pro-Slavery 
men who from mercenary motives are now calling upon the Pro- 
Slavery party to submit without further action. 

"Fifth. That in order to secure peace and harmony to the 
community we now solemnly swear that the Pro-Slavery party 
will stand firmly by and carry out the resolutions reported by 
the committee appointed for that purpose on the memorable 30th. 

113 



114 Early History of Leavenworth City and County. 

"On motion of Green D. Todd, it was adopted that the pro- 
ceedings of this meeting be pubhshed in the Kansas Herald, 
Platte Argus and all other papers friendly to the cause; after 
which, on motion of Samuel Burgess, the meeting adjourned. 

" — — , Chairman. 

"C. C. Harrison, Secretary." 

The Second Election for Members to the Legislature, Held 
AT Leavenworth, May 22, 1855. 

This was the election held in the Sixteenth Legislative dis- 
trict by virtue of the proclamation of Governor Reeder, the 
former election on the 30th of March having been declared illegal 
and set aside on account of the protest of William Phillips and 
fourteen others, as before shown, and the erasure of certain words 
from the certificate of the judges. 

The candidates on the Pro-Slavery side were the same as be- 
fore, viz: Wm. G. Mathias, H. D. McMeekin, and A. Payne. On 
the Free State side they were James K. Edsall, J. E. Gould and 
H. L. Pennock. The election here was held at the house of George 
Luzadder, on the southwest corner of Main and Cherokee streets. 
Everybody here in those days will remember the sign of Luzad- 
der 's saloon, the painting of a large lion rampant. The judges 
of the election were James M. Lyle, Adam Fisher and Matt. 
France. Our friends from Missouri came over again to help us 
vote as usual, but perhaps in not quite as large numbers. There 
was said to have been some few voters on the Free State side who 
were not altogether "sound corn." They were hands from the 
steamer Kate Kassell, that was at the levee some time during 
the day. I saw the boat there, but did not see anybody vote 
that came off of her. 

The Pro-Slavery candidates were again elected by some 250 
majority; so the returns showed. Everybody voted that wanted, 
I believe. I quote a word from my journal of that date: 

"Leavenworth, Thursday, May 22, 1855. An election is be- 
ing held here today to elect legislators, as the Governor did not 
grant certificates to the members elected a short time ago, but 
ordered a new election. A good many Missourians here, but it 
is all passing off quietly as before and in the same way. The 
Pro-Slavery party will be triumphant by at least 200 or 300 ma- 
jority." 



Citizens Meetings at Weston. 115 

Proceedings of Piatte County Self Defensive Association. 
Citizens' Meeting at Weston. The Weston Reporter. 

I have been repeatedly inquired of, why it was that the pro- 
ceedings of the Platte County Self Defensive Association (after- 
wards known as the Blue Lodge in Missouri in 1854 and 1855 
and also the resolutions and proceedings of the Pro-Slavery 
Law and Order party in Leavenworth, during a portion of 
the same time and afterwards were requested to be published in 
the Platte Argus at Weston, Mo., and the Weston Reporter 
entirely ignored in this matter? I will endeavor to explain as 
briefly as possible. The editor and principal proprietor of the 
Reporter, from the time the writer of this became acquainted 
with it, in the fall of 1849 to the summer of 1856, was Samuel J. 
Finch, Esq. A clever, quiet gentleman of considerable ability, 
a practical printer, in politics a very decided, radical Whig, and 
during the troubles in early Kansas, although a positive Pro- 
Slavery man, as his education and associations were all in that 
direction, he was not an ultraist and early took sides against the 
extreme measures of the Defensive Association, and in favor 
of the citizens and business men of Weston against them and 
their outrageous demands. 

As illustrative of this feeling in Weston in the fall of 1854, I 
will, I trust, be pardoned if I copy in this connection a hand-bill 
or circular, which I have preserved, and which was published 
and widely circulated at the time. It showed the feeling that 
existed there at the time, towards the Defensive Association and 
their extreme views. The resolutions explain themselves, and 
grew out of the passage by the Self Defensive Association at one 
of their meetings of certain resolutions, known as the "Dr. Bay- 
liss Resolutions." 

"Citizens' Meeting. 

"Weston, September 1, 1854. 

"At a meeting of the citizens of Weston and vicinity, G. W. 
Gist was called to the chair and Jos. B. Evans appointed secre- 
tary. On motion of W. S. Murphy, Rev. J. B. Wright was called 
upon to explain the object of the meeting. Mr. Wright address- 
ed the meeting in an eloquent and able manner. 

"On motion of Geo. T. Hulse a committee was appointed to 
draft resolutions expressive of the sentiment of the meeting. The 



116 Early History of Leavenworth City and County. 

following persons were selected: Geo. T. Hulse, J. V. Parrott, 
Ben Wood, E. Cody, Col. Railey, W. S. Murphy and A. B. Hatha- 
way. Said committee retired and after a short absence, reported 
the following resolutions, which were adopted by acclamation: 

"Whereas, our rights and privileges as citizens of Weston, 
Platte county. Mo., have been disregarded, infringed upon and 
grievously violated within the last few weeks by certain members 
of the Platte County Self Defensive Association, 

"And Whereas the domestic quiet of our families, the sacred 
honor of our sons and daughters, the safety of our property, the 
security of our lives and persons, the 'good name' our fathers 
left us, the good name of us all, and the city of our adoption — and 
each and all disrespected and vilely aspersed and contemptuously 
threatened with mob violence; wherefore it is imperatively de- 
manded, that we, in mass meeting assembled, on this 1st day of 
September, A. D. 1854, do make prompt, honorable, effective 
and immediate defense of our rights and privileges as citizens of 
this glorious Union, 

"Therefore Resolved, That we, whose names are here- 
unto affixed, are order-loving and law-abiding citizens. 

"Resolved Second, That we are Union men; we love the 
South much, but we love the Union better. Our motto is: The 
Union first, the Union second, and the Union forever. 

"Resolved Third, That we disapprove the Bayliss Reso- 
lutions as containing nullification, disunion and disorganizing 
sentiments. 

"Resolved Fourth, That we, as consumers, invite and so- 
licit our merchants to purchase their goods wherever it is most 
advantageous to the purchaser and the consumer. 

"Resolved Fifth, That we hold every man as entitled to 
equal respect and confidence until his conduct proves him un- 
worthy of the same. 

"Resolved Sixth, That we understand the 'Douglass Bill' 
as giving all the citizens of the confederacy equal rights and equal 
immunities in the territories of Kansas and Nebraska. 

"Resolved Seventh, That we are believers in the dignity 
of labor; it does not necessarily detract from the moral or intellect- 
ual character of man. 

"Resolved Eighth, That we are competent to judge who 
shall be expelled from our community and who shall make laws 



Citizens Meeting: at Weston. 117 

for our corporation. 

"Resolved Ninth, That mere suspicion is not ground for 
guilt, — mob law can only be tolerated when all other law fails 
and then only on proof of guilt. 

"Resolved Tenth, Lastly, That certain members of the 
Platte County Self Defensive Association have proclaimed 
and advocated and attempted to force measures upon us con- 
trary to the foregoing principles, which measures we do solemnly 
disavow, and disapprove and utterly disclaim, as being diamet- 
rically opposed to common and constitutional law, and as having 
greatly disturbed and well-nigh destroyed the order, the peace 
and the harmony of our families and the community, and as 
be ng but too well calculated seriously to injure us in our property 
and character, both at home and abroad. We will thus ever 
disavow and disclaim. 

"On motion of Samuel J. Finch, it was 

"Resolved, That both papers, published in the city of Wes- 
ton, be requested to publish the foregoing preamble and resolu- 
tions and all papers throughout the state, friendly to law and 
order, are hereby requested to copy the same. 

"G. W. Gist, Chairman, 

"J. B. Evans, Secretary." 

About 150 of the leading merchants, lawyers, ministers, 
doctors and business men of Weston signed the same and their 
names were published ; among them were all the officers and mem- 
bers of the Leavenworth Town Association, then in Weston, and 
also a large number of persons who afterwards became residents 
of Leavenworth. The list of signers is too long for publication 
in this sketch. In my next I will continue my story of the Wes- 
ton Reporter, showing the reasons why it was specially dis- 
liked by the Platte County Self Defensive Association and ig- 
nored by the self-styled "Law and Order" mob or bigots of Leav- 
enworth in the publication of the doings of their meetings and 
resolutions. 



CHAPTER XXI. 



The Weston Reporter Continued. The Kansas Territorial 
Register. Capt. Simeon Scruggs, "The Oldest Man in 
Town, You Know." 

THE same course was pursued by the Reporter after the 
first election in Kansas in November, 1854, in regard to the 
people of Missouri importing voters over here to control 
the elections. The writer of this has especial reason to remem- 
ber the course of the Reporter, for from a few days after he 
came to Weston, he was importuned by the editor, Samuel J. 
Finch, Esq., and others to assist him by writing editorials for the 
paper. At that time Col. John Doniphan, then a young lawyer 
of Weston, now a leading attorney of St. Joseph, Mo., Judge S. 
D. McCurdy and other Whigs, were assisting him occasionally. 

The writer being a stranger there and of course with but a 
limited law practice, I consented sub rosa to assist him. The 
paper was a weekly, and not a large amount of time was required 
to prepare editorials. The following year the Congressional race 
in the Platte district, as it was called, was rather lively; the dis- 
trict included about twelve or fourteen counties of Northwest 
Missouri. Ex-Governor Austin A. King of Ray county, was the 
Benton candidate; and Judge James H. Burch was the Anti- 
Benton candidate. They were lampooning each other through 
the medium of hand-bills and speeches. The Whigs thought they 
saw an opening for their man, after consultation with Col. A. W. 
Doniphan, of Liberty, Clay county, who declined to make the 
race, as he was a candidate for the United States Senate from 
Missouri. 

I wrote an article for the Reporter, which was copied into 
other Whig papers in the district at Liberty, St. Joseph and Rich- 
mond, and endorsed by them, which article brought out Maj. 

118 



The Weston Reporter. 119 

Mordecai Oliver of Ray county as the Whig candidate. Suffice 
it to say the boys made the race red hot throughout the district, 
and we ran Oliver in between the two factions of the Democratic 
party. After Oliver's success the Reporter still continued to 
flourish with increased good luck. Finch got now and then a fat 
government take^, and all was serene. 

When the troubles in Kansas commenced, as before stated, 
the Reporter took decided ground against the ultra measures 
of the Self Defensives. At the meeting of the legislature of 
Missouri in the fall of 1854, Finch was a candidate for Sergeant- 
at-Arms of the House. A tremenduous effort was made by his 
quondam friends in Platte to beat him, but he succeeded. He 
was absent at Jefferson City for several months, but the paper 
kept on in the even tenor of its way. 

The ultra Pro-Slavery men were very bitter against it, and 
on one occasion after it had condemned in very severe terms, 
their course with regard to Kansas, rumors were circulated that 
they were going to put it in the Missouri river. A return word 
was sent by the citizens of Weston, if that was done, the Platte 
Argus, the special organ of the extremists, should follow, and 
that would certainly have been the result. The Reporter con- 
demned in very severe terms the shaving, tarring and feathering 
of Phillips. In this connection I copy a few words from my 
journal, showing the political feeling in Missouri, in connection 
with the course The Reporter had advocated, as the Whig 
organ and against the extremists: 

"Monday. July 2, 1855. 

"Went over to Platte City to attend the first day of the July 
term of the Circuit Court; not much business doing in Court. P. 
M. Great "fusion" Pro-Slavery meeting held in the court room, 
an attempt made to instruct the members of the Legislature from 
Platte county to vote for General Atchison, Democrat, vs. Gen- 
era Doniphan, Whig, for United States Senator at this fall ses- 
sion of the Legislature. Too many Whig friends of Doniphan 
present, the movers of the project, Atchison's Democratic friends 
and a few Atchison Whigs, had to "take water" and back out. A 
great fizzle and a grand farce, very rich, Atchison repudiated in 
his own county and city. Doniphan triumphant. The last 
struggle of the old Defensive Association." 



120 Early History of Leavenworth City and County. 

These are a few of the reasons why The Reporter was in 
such bad odor with the "Law and Order" party in Kansas. 

The Kansas Territorial Register. 

The first number was issued on the — July, 1855, at Leaven- 
worth. I copy a word from my journal. I was at Weston that 
day and had been for a day or two before up the Missouri river to 
St. Joseph and above on a pleasure excursion: 

"Weston, July 6, 1855. 

"Tonight received the first number of The Kansas Terri- 
torial Register, a new paper just started at Leavenworth, Kan- 
sas, published by Archibald M. Sevier, and edited by Col. Mark 
W. Delahay. 

"The paper is Democratic Union, non-committal sort of a 
Free State paper, and is ably edited, this number appears very 
well, and I trust the paper will succeed, it ought to at least, al- 
though it may have a rough road to travel before it gets through 
and is finally established; these gents will make the editor de- 
fine his course, they will make him come out of his hole — Pro- 
Slavery or Free State, no namby pamby middle course; if he 
comes out Free State, in the river he goes. This National Demo- 
cratic dodge wont work in Kansas. If the President has sent 
Delahay out here to run a Union-Democrat paper to be backed 
by Surveyor General Calhoun and Tom Shoemaker, Receiver of 
Public Monies, and expects it to slide along between the two and 
make friends with both parties and offend neither, I can tell them 
all this trying to 'tote water on both shoulders' won't do in Kan- 
sas. It may do in Illinois, but you will get smoked out 'right 
soon' by these 'Law and Order' lala bucks. 

And how soon my prophecy proved true. The Register 
flourished finely for a few short months, but as I had prophesied, 
its independent course became distasteful to the regulators of 
the politics of Leavenworth, and it found a watery grave in the 
bosom of the murky Missouri river, on the night of the 22nd of 
December, 1855, as I will more fully show, when we reach that 
point in our historical sketches. 



The Oldest Man in Town. 121 

Capt. Simeon Scruggs, "The Oldest Man in Town You 
Know/' Etc. 

Even a brief outline of the early history of Leavenworth 
would be very much like the play of Hamlet with Hamlet left 
out, if the writer should neglect to mention or eliminate to any 
extent at least, the somewhat distinguished character whose name 
heads this paragraph. For I might venture the assertion with- 
out fear of successful contradiction, that there was not a man, 
woman or child who had arrived at years of ordinary discretion 
who lived a week in Leavenworth from July 1854 to 1859 that 
did not know or had not heard of Capt. Simeon Scruggs, one of 
the live institutions of Leavenworth; who when in one of his whis- 
pering moods informed everybody (only equaled by old man 
Asbury 's quiet voice of Miami street hill above Sixth street, an- 
other genius here in early days) that he, Capt. Scruggs, was the 
oldest man in town you know; built the first saw-mill in town, 
you know — . 

"You know." 

I met Capt. Scruggs soon after I went to Weston, the fall 
of 1849. He, Gen. G. W. Gist and myself had an office together 
in 1854. Soon after we first opened up Leavenworth for settle- 
ment, Capt. Scruggs came down here and in company with Capt. 
W. S. Murphy (commonly known as Capt. Dick Murphy, of whom 
I shall speak bye and bye) built the first saw-mill in town, after- 
wards known as the Col. Isaac Young's Eclipse Mill on Block 
N at the mouth of Three Mile creek, north side. That fall 
or the spring following, Capt. Scruggs erected a nice cottage on 
or near the northeast corner of Second and Shawnee streets, and 
moved his family over here. 

This firm made a great deal of money with their saw-mill for 
a number of years, but the death of Capt. Murphy compelled a 
division of the partnership property and through bad manage- 
ment of the estate of Murphy, by the administrators and others, 
and the numerous law suits in which they became involved, the 
vast property and holdings dwindled away and Capt. Scruggs was 
obliged to give up his property in town and retire to the country 
on a farm back of Kickapoo where he resided to the day of his 
death, as a highly respected citizen, a kind neighbor, an indul- 
gent and beloved parent. 



122 Early History of Leavenworth City and County. 

Although during all of our early troubles Capt. Scruggs was 
a strong Pro-Slavery man and one among the very few who 
brought their slaves with them to Kansas; he was always a very 
kind and considerate man, not overbearing towards Free State 
men and very generally respected by all who knew him or had 
business with him. He may at times, when laboring under adverse 
circumstances have been cross and somewhat ill-natured, but it 
was this exception, he was kind and obliging to all and very much 
respected as a man of integrity and probity of character by his 
friends and neighbors. 



CHAPTER XXII. 



George H. Keller and A. T. Kyle, How Uncle George Got 
Possession of the Old Leavenworth Hotel. Another 
Chap's Experience AND Failure. Uncle George's Con- 
solation, Etc. 

1 SPEAK of these two old citizens together, as their names 
were almost inseparately connected in the early history of 

Leavenworth. I was well acquianted with both of them in 
Missouri for several years before Kansas was opened for settle- 
ment. They were both original members of the Town Company, 
and took a very active part in the first settlement of the town. 
They built the old Leavenworth Hotel on the northwest corner 
of Main and Delaware streets, the first hotel built in Kansas, 
and about the third house built in Leavenworth. They also 
dug the first well in town, near the corner of said streets, now 
filled up. 

They came over here with their families and opened the hotel 
on the 7th day of October, 1854, two days before our public sale 
of town lots. They kept this hotel for a year or more, when Mr. 
Keller built and occupied the front part of the Mansion House, 
as it was afterwards called and occupied the same as a dwelling 
house, and also kept some boarders in 1856. This house was 
located on the southwest corner of Fifth and Shawnee streets, 
where the O'Donnell block now stands. That was long before 
the streets were graded in that part of town. That location was 
called by the Pro-Slavery men "Abolition Hill," as it was a sort 
of headquarters for Free State men. 

During a portion of 1856 the Phillips brothers, William and 
Jared, resided in the Scott House, nearly opposite where Mrs. 
Duke now keeps a boarding house, on the hill next west of the 
Phelan block. It was at the upper center front window of that 



124 Early History of Leavenworth City and County. 

house, above the porch, as it now stands, where Wilham Phillips 
stood when he was shot and killed on that bloody Monday in 
September, 1856, as I shall have occasion to show and give the 
particulars connected therewith when I reach that portion of 
Leavenworth's early history. 

Mr. Kyle, soon after they rented the hotel, I believe, went 
to the country on his farm for a short time, and then moved back 
to Weston and entered the grocery business, where he remained 
until he returned to this city and opened a large livery stable on 
Shawnee street, as the head of the firm of A. T. Kyle & Co., op- 
posite where Bittmann-Todd Grocery Co. 's wholesale store 
was, just east of Second street on the north of Shawnee street 
and next west of the old Shawnee Street Hotel. Part of the 
old stable was lately occupied by McNally's Transfer Co.'s barn, 
but has since been removed. Mr. Kyle is now living in Mon- 
tana, the only living member, besides the writer, as I have 
before stated, of the original Leavenworth Town Company of 
thirty members. 

Uncle George Keller, as everybody called him, always had a 
host of friends in Kansas during his life time, and if ever a man 
deserved them, he certainly did; for among the list of Kansas' 
true friends in early days no one is entitled to be held in more 
grateful remembrance by every Free State man, woman and child, 
who came to Kansas during the years 1854, 1855, 1856 and 1857, 
than George Keller, and his most estimable wife. Aunt Nancy 
Keller, as all delighted to call her. Mr. Keller was born in Ken- 
tucky and came to Missouri, where he resided a number of years 
in Platte county in Fancy bottom, above Weston, and from 
there came to Leavenworth, as I have shown. He came to Kan- 
sas to improve his pecuniary condition as many others did. At 
the first election in 1854 he voted for Whitfield, I presume, as 
many others did, as there was supposed to be no special question 
of politics in the election. As I have before stated, Flenniken 
was looked upon as a mere political adventurer, as he turned out 
to be. At the spring election following, Mr. Keller was known 
and recognized as a Free State man, and from that day forward 
was one of the most devoted and earnest Free State men in the 
territory. 

If Mr. Keller at the time of his death did not have an abund- 
ance of this world's goods, it was in a great measure owing to 



Incidents Geo. H. Keller and A. T. Kyle. 125 

the unbounded and generous liberality of his great big heart, for 
no man gave more liberally of his substance to feed the hungry 
and rest the weary and travel worn stranger that came within 
the gates of our city in those early days. None were turned away 
hungry, and none denied the shelter of his hospitable roof, be- 
cause they had no sheckles in their purse with which to pay. As 
Gen. George McLane said: "He was literally the husband of all 
the widows, and the father of all the orphans who came to Leav- 
enworth in want. And as McLane , in his letter to Col. Anthony, 
which was published in the Leavenworth Times, the 3rd of 
of May, 1873, I believe, said of the writer of these sketches, that 
I squandered money like rain for the benefit of the Free State 
cause in Kansas, and that he knew "personally and positively, 
that my disbursements for the good cause of freedom, amounted 
to thousands." The same can be truthfully said of Uncle George 
Keller's liberality in those days. And will some kind friend of 
his please tell me what good, pecuniarily it ever did him, and why 
was it that at the time of his death he was not occupying some 
position of honor and trust in the state, for which he was so emi- 
nently qualified, and living in ease and affluence, which he so 
richly deserved, rather than toiling like a slave in his old age, on 
a small farm to support himself and aged wife? Echo answer. 
He was one of the "old guard of freedom" in early days, and that 
was enough to banish him to political oblivion in these latter days 
of grateful republics. 

I believe there was but one of that old guard that held office 
in Kansas at that date, and that was Judge Delahay, and no 
thanks to Kansas politicians for that. True Uncle George was 
once or twice honored but it was most empty honor. 

He was a member of the first Free State Territorial Legisla- 
ture in the winter of 1857 and 1858, with the writer. He was 
appointed the first warden of the state penitentiary, but only 
held it about two years, when he had to give way to a political 
favorite of the then Governor, who soon retired to give place to 
that efficient and faithful officer. Major Hopkins. 

Perhaps one or two amusing incidents in which Uncle George 
played a prominent part, and as illustrative of the humorous 
side of some scenes in the early settlement of our town, a narration 
of them might not be out of place at this time. I will give one 
or two as I saw them. 



126 Early History of Leavenworth City and County. 

How Uncle George Got Possession of the Bar Room of the 
Old Lleavenworth Hotel. 

After Keller and Kyle had quit keeping the old Leavenworth 
Hotel, on the northwest corner of Delaware and Main streets, 
they leased it to W. H. Freeland, and he in turn, leased the corner 
room to Captain Dick Murphy. Owing to some irregularity in 
drawing the lease, all parties refused to pay rent for the building, 
neither would they vacate. The matter had been in law a long 
time and Uncle George got the worst of it every time. His attor- 
ney advised him if he could only get possession of a part of the 
house he would be all right, so one day the old man got his dander 
up. He was a powerful man, physically, and of good nerve, so 
taking one or two friends to see the thing well done, he went down 
to the bar room and calling for Captain Dick, learned that he was 
out of town. He told the bar keeper to "vamoose the ranch," 
"get out." The bar keeper saw the old man meant business and 
soon commenced to pack up. Uncle George thinking the moving 
was a little slow, as a crowd began to gather to see the fun, he 
seized a barrel full of whiskey by the chimes and carried it out of 
doors with about the ease an ordinary man would carry a sack 
of flour. A few minutes only were required before the owner was 
in possession of that part of the house at least, and in a few days 
the whole matter was compromised by the parties surrendering 
entire possession to the owners, who were glad to get the house 
and lose the rent. 

Another Chap Tries His Hand at Ejectment and Failed 
Ignominiously. 

A few days after, a landlord of small physical capacity tried 
to get some parties out of a building owned by him on Main street, 
below Delaware, in which a saloon and gambling room was kept. 
He had seen how easily, apparently. Uncle George had got a non- 
paying tenant out of his house, and he tried the same scheme. 
The result was slightly different. Instead of getting his tenant 
out, they kicked him outdoors and down to the river bank, and 
he was only saved from a ducking in the river by giving them a 
receipt in full for all past rent due, and also for some months in 
the future. 



Incidents Geo. H. Keller and A. T. Kyle. 127 

Uncle George's Consolation. 

Among the thousand and one amusing incidents that were 
constantly occurring during those days, I will relate but one or 
two more at this time. A few days after the writer of these 
sketches had gotten out of jail, in the old warehouse of Russell & 
Co., on the southwest corner of Second and Cherokee streets, 
next to the alley, in the summer of 1856, at one of the times when 
the boys playfully tried the strength of a hempen cord around 
my spine, just below the ears, I was sitting in my office one after- 
noon, when Uncle George Keller, the old veteran, dropped in to 
chat a while over matters. True, things looked a little blue for 
us Free State lads, as several had been ordered to leave, and many 
had left the city and state, some by the short route, and others 
had been booked for the same route, but had not yet received 
their tickets of leave. I was simply allowed to stay a few days 
(by permission of the Vigilance Committee of fifty of whom I 
will speak at the proper time, and whose names I have,) by report- 
ing myself twice a day to W. H. Russell, until I could settle up 
certain matters. Uncle George, with a sad countenance and a 
long drawn Methodist sigh, remarked: "Well, Miles, there is 
this consolation, the Lord loveth those whom He chasteneth. " 
"Yes," I replied,"! think He ought to. He has chased almost all 
of us out of Kansas and will the balance in a few days, I suppose." 
Uncle George waited a few moments in astonishment, and then 
the bald perversion of his quotation, by me, broke upon his men- 
tal vision, and he bawled out in one of his inimitable laughs, 
shaking all over, from head to foot, which must be seen to be ap- 
preciated; he replied: "I believe you would take it as a joke, if 
they were going to hang you." I told him that was a slight mis- 
take, as I had seen that tried, and felt the pleasure of a perpen- 
dicular elevation by the throat latch, a few mornings before, and 
was not craving a repetition of that special enjoyment. 



CHAPTER XXIII. 



The Rapid Increase of Leavenworth in Wealth and Popu- 
lation During the Spring and Summer of 1855. First 
Election of City Officers in Leavenworth. 

A SPIRIT of push and enterprise pervaded the whole terri- 
tory during the spring and summer of 1855. People were 
pouring into the country from all the northern and west- 
ern states, farms were being opened and claims taken up, im- 
provements going on rapidly, towns were springing up in every 
direction. Speculation was rife and foremost among the crowd, 
Leavenworth was booming. 

The great government overland transportation company 
of Majors Russell & Wadell had established their headquarters 
here, and were constructing stores, warehouses, blacksmith and 
repair shops, an immense business of itself. They employed not 
less than two thousand men in all branches of their extensive 
and multivarious business, from the rough, uncouth bull whacker 
and mule skinner, to the gay and festive clerk in their immense 
dry goods house, or the sober, sedate and calculating cashier of 
their banking house. They counted their Texas steers by the 
ten thousands and measured their huge "prairie schooners," by 
the acre. On every highway and at every government post, 
from Fort Leavenworth to Salt Lake City, from middle Texas and 
western New Mexico and Arizona on the south and west, to the 
most northern posts in Nebraska, could be seen these immense 
caravans loaded with government stores, stretching their slow 
length along, like some huge python, fold on fold unfolding, coil 
on coil uncoiling, o'er hill and dale, across the mighty western 
plains it drags its winding course along. 

They moved millions of pounds of government freight year- 
ly. Their vouchers counted far up among the hundred thou- 

128 



Wealth and Population of Leavenworth. 129 

sands, their profits on these immense outlays were simply fabu- 
lous. Old Aleck Majors was the great manager on the plains. 
Reared on the very border of western civilization at Independ- 
ence, Mo., and accustomed all his life to these yearly voyages 
across these almost boundless plains of Kansas and Nebraska. 
Unfortunately his book education had been sadly neglected in 
his early youth, but what he lacked in this respect he made up in 
good business, practical, hard sense; together with skill, rugged 
honesty of purpose and integrity of character. He had one 
peculiar trait of character which was the more marked and strik- 
ing from the fact that he had so long been a constant traveler 
across the plains and thrown in daily contact with those rough 
men of the border. It was during these many years he never 
uttered a profane word, and one of the conditions of the employ- 
ment of that army of wagon masters and teamsters, was that they 
should not swear. To believe that a plainsman of those days 
could drive six or eight yoke of wild Texas longhorns, hitched to 
one of those big wagons, across the country from Leavenworth 
to Fort Laramie, and not utter an oath, is to believe that a Kan- 
sas politician is an honest man, a species of credulity that but 
a few are guilty of, it simply ''can't be did." The Napoleon of 
finance and management of that firm was William H. Russell, of 
whom I shall speak at some future time. He remained here at 
Leavenworth. Mr. Waddell lived at Lexington, Mo., and lent 
his name and wealth to the firm, of course sharing in its profits. 

The population of Leavenworth increased from about 200 
inhabitants, the 1st of April, 1855, to nearly or quite 2,000 by 
the 1st of November the same year. Over two hundred dwellings 
were erected during that year, and property increased very rapid- 
ly in value, from $200 a lot to $1000 and $1200 in certain busi- 
ness localities. Money was plenty and everybody was in good 
spirits. On Saturday evening, the 8th day of July, 1855, I left 
Leavenworth by the steamer New Lucy, Captain Wm. Conley, 
via St. Louis, for a flying trip of pleasure and business to my old 
home, Rochester, N. Y., by the way of Chicago and the lakes 
and Niagara Falls and to the eastern cities. New York and Phil- 
adelphia and watering places. 

On the next day after leaving Leavenworth (Sunday) I met 
Mr. Andrew McDonald, a member of the Kansas Territorial Legis- 
lature (then in session at Shawnee Mission) the bearer of a memo- 



130 Early History of Leavenworth City and County. 

rial to the President of the United States from said Legislature 
praying for the removal of Governor Reeder. As I have previ- 
ously stated, before the messenger reached Washington, Reeder 
had been removed and Secretary Woodson was acting as Gover- 
nor of Kansas. The meeting of the Legislature by the call of 
Governor Reeder, at Pawnee, its adjournment to the Shawnee 
Mission, and all of its proceedings; the several Free State meet- 
ings at Lawrence; the convention at Big Springs; the Constitu- 
tional convention at Topeka are fully set forth in the sketches of 
"Early Kansas Governors," heretofore published and which I am 
to complete bye and bye. 

I find this note in my diary: 

"On my return to Leavenworth from the East, which I 
reached a few days before the Big Springs convention, about 
three o'clock A. M., went up to the Leavenworth Hotel, got a bed 
on the floor for an hour or two; after breakfast went down to 
my office, found one, Squires, a daguerreotype man, occupying 
the front room. I had left the office in Delahay's charge and 
occupancy as his editorial den, and now find it has gone into the 
picture business on its own account. This beats law and news- 
paper editors. The town has improved and is still improving 
rapidly. I learned from General John Calhoun, Surveyor General 
of Kansas and Nebraska, that the United States Government 
has ordered him to remove his office from Leavenworth. He will 
take it to Wyandotte, only temporary, however. The land office 
is also ordered removed to the same place. This is the work of 
that d — d scoundrel, Indian Commissioner Manny Penny, because 
we will not buy him with town shares, he said he would give it 
to us in the neck ere long. We shall have more trouble with him 
when the Government comes to sell the townsite for the benefit 
of the Delaware Indians." 

And how literally true this all proved to be, as I shall show 
when I reach that point in our history. 

First Et ection of City Officers in Leavenworth. 

The city of Leavenworth was duly incorporated and a special 
charter passed by the first territorial Legislature at Shawnee 
Mission in the summer of 1855. A supplemental act was passed 
a few days after providing for an election for mayor and council- 
men and appointing J. Harvey Day, W. H. Adams, and Lewis 



First Election of City Officers. 131 

N. Rees of the city of Leavenworth as judges of the election^ to 
hold the first election for ma3'or and councilmen under the pro- 
visions of the original act. The time was to be fixed by said 
judges and they were to give at least three days notice of the 
time and place by ten written or printed hand-bills put up at ten 
public places in said city or by one insertion in all the newspapers 
published in said city. They were to give to the mayor and 
council the certificates of their election. 

I had not yet returned from the East when this election was 
held and have no minute of it in my journal of the day or place. 
The act of incorporation of the city and the supplemental act can 
be found in the Statutes of 1855, pages 837 to 847 inclusive. Also 
the first two acts in book of City Charters and Ordinances of 
Leavenworth compiled 1869 and 1870. Although there are 
quite a number of persons in this city now, or were a few years 
ago, who must have been present at that election, there are no 
persons in this whole section of the country or but one now living, 
that I am advised, who were city officers at that first election, 
and I was personally acquainted with each of them. The last 
two who resided here that I call to mind were George H. Russell, 
for a long time a stove merchant here on Main street and Dela- 
ware and lastly on Shawnee street, between Third and Fourth 
streets, north side; he moved to W^^andotte and was mayor of 
that town and died there. The other, Wm. T. Marvin, also a 
stove merchant here in early days, of the firm of Luce & Marvin. 
He afterwards moved onto his farm in Easton township and was 
a member of the Board of County Commissioners of this county 
for a number of years. ' He was an active Free State man, and 
died a few years ago, highly respected. 

Both of the above named gentlemen were elected council- 
men at the first city election. There is no official record of that 
election that I can find, and although I have made diligent in- 
quiry of many persons, no one has yet been able to fix the exact 
date of that election. This but shows how rapidly those little 
items of special interest to our city's history are being lost. My 
own best judgment is that the election was held on Monday, the 
3rd of September, 1855, as I reached here on my trip from the 
East on the 5th of September, as before stated, and that election 
had been held only a few days before. The first meeting of the 
city council was held on Tuesday, the 11th day of September, 



132 Early History of Leavenworth City and County. 

1855, over J. L. Roundy's furniture store on Delaware street, 
between Second and Third streets, east side, near where Endress ' 
stove store now stands, a lot or two west. It was the day on 
which our Leavenworth Town Association had a meeting and 
drew four additional lots to each share. Thos. F. Slocum was 
the first mayor; Dr. J. H, Day, councilman and president of the 
board. The other councilmen (all elected at large) were Fred 
Emery, M. L. Truesdell, Thos. H. Doyle, George W. Russell, 
William T. Marvin, Dr. G. J. Park, and Adam Fisher. After the 
board of councilmen was organized they appointed Scott J. An- 
thony, register or city clerk, William X. McDowell, city mar- 
shall. He resigned October 17, 1855, and J. L. Roundy was ap- 
pointed in his place. City treasurer, William H. Bailey; assessor, 
H. G. Weibling; city attorney, John I. Moore; city engineer, E. 
L. Berthoud, afterwards a resident of Colorado, a Union captain 
in the late war, and the discoverer of "Berthoud 's Pass" (so 
called) through the Rocky Mountains; comptroller, M. L. Trues- 
dell. 

The first fire company was organized by consent of the 
city council, September 17, 1855. The first city ordinance was 
passed September 17, 1855, and was entitled, "Relating to 
Games of Skill and Chance." The city printing was given to 
the Herald and Register on the 25th of September, 1855. 
Policemen received $1.50 for every twelve hours of duty. Two 
were first appointed. Of the above officers. Mayor Slocum 
returned to Pennsylvania and died a good many years ago. 
Fred Emery, if living, resides in St. Joseph. M. L. Truesdell 
is reported to have turned out badly, and since died. Mc- 
Clellan went west and is dead. Thos. H. Doyle, formerly a mer- 
chant here, since deceased. Adam Fisher died in Washington, 
a year or two ago. Of George W. Russell and Wm. J. Marvin I 
have spoken above. Dr. J. G. Park, one of the best and truest 
men in Kansas in those early days, for many years a druggist in 
the city at the northeast corner of Third and Delaware streets, 
where the Missouri Pacific railroad office now is. Everybody knew 
and respected Dr. Park; he died here a number of years ago. 
Scott J. Anthony, one of the noblest Free State men in Kan- 
sas, now a leading and wealthy citizen of Denver, Colorado; of 
Wm. A. McDowell I have no knowledge; Wm. H. Baily estab- 
lished the first jewelry store in the city. I am not aware that 



First Election of City Officers. 133 

he is now living. H. G. Weibling, one of our oldest and best citi- 
zens in those days, carried the first mail to Lawrence from 
Leavenworth and ran the first hack or stage line between the two 
towns; he died here about 1873. John L Moore went first to 
Colorado and then to Washington, D. C, in Government employ 
for a number of years, and from there he returned here, where he 
died some years ago. Mrs. Kate Jacobs, lately living near Boling, 
in this county, and her interesting family are well known in the 
city; she and Miss Hattie Moore, late of this city, are daughters 
of the late John L Moore. Of Berthoud and Truesdell I have 
previously spoken. 



CHAPTER XXIV. 



The Freaks of a Brilliant Journalist. Gen. George W. 
McLane and His Young America. Personal Reminis- 
cences OF Trying Times, Etc. 

AS I said in a former sketch, in writing the history of the 
eariy settlement of Leavenworth, to have left out a notice 
of Uncle George Keller and Capt. Simeon Scruggs, would 
be like the play of Hamlet with Hamlet left out; so I say 
with reference to Gen. Geo. W. McLane. That noble, generous, 
wide-awake, brilliant, but erratic personage. The very soul of 
honor, liberal, broad-guaged, generous to a fault, true as steel to 
his friends, an honest, brave, chivalric, high-minded gentleman, 
with many friends, all who knew him loved and respected him. 
Like many other generous souls, he was at times his own worst 
enemy. With all his seeming faults we loved him still. 

With the consent of my readers, I will relate one or two in- 
cidents in the life and service of this rather remarkable character 
who flourished in and about Leavenworth during its early history 
and was also well known throughout the state. I opine there 
is scarcely a man, woman or child, who resided in this city from 
1854 to 1859 who did not know Gen. George W. McLane. Mc- 
Lane was a genius in his way; a man of a great deal more than 
ordinary ability, keen, shrewd and sparkling; pleasant, agree- 
able, eminently social, a ready and versatile writer, a dashing, 
rollicking good fellow; fond of society, a true devoted friend (as 
the writer of this had occasion to know personally), pecuniarily 
reckless, a little changeable at times, brimful of humor, and fre- 
quently bubbling over with mirth and wit, and again despond- 
ent and low spirited. All of us have our failings and Mac had 
his — a too great fondness at times for the flowing bowl and jolly 
cheer, but as I said before, with all his failings we loved him still. 

134 



Gen. Geo. W. McLane. 135 

I first met the General in the winter or spring of 1854, at Wes- 
ton, Mo. He was then, as he said, on a tour of inspection, look- 
ing after and establishing nests of "White Mice," as he called 
them — said afterwards to be lodges of the "Knights of Palermo," 
or "Sons of Malta." He traveled through Missouri and returned 
to Weston; shortly after we started the town of Leavenworth, 
he came over and became identified with this city and her wel- 
fare. He was the auctioneer for the Town Company at their 
first public sale of lots in October, 1854. Politically McLane 
was originally a Whig, and stuck by the old party as long as it 
had a semblance of existence. I will presently relate an incident 
showing his devotion to that old party. 

During the early troubles in Kansas, McLane took no very 
active part. He had many warm friends on both sides; he never 
was guilty of the least unkindness toward Free State men, and 
on more than one occasion he befriended them. I call to mind 
one special instance for which Mark Parrott and myself had 
reason to remember McLane with no ordinary feelings of kindness. 
It was on the night of the 23rd of May, 1856, two days after the 
sacking of Lawrence, and two days before Governor Robinson 
was brought here a prisoner, and while the Congressional com- 
mittee were investigating the Reeder-Whitfield case, of which 
I shall speak more in detail when I reach that portion of our 
city's history. 

I was occupying the back room of my office building (then 
on Delaware street, where the mattress factory now is, next door 
west of Jas. Foley's steam heating and plumbing store; north 
side of Delaware street between Second and Third streets) as a 
sleeping room, as there was a scarcity of lodging rooms in town 
in those days. Parrott was sleeping with me. We had observed 
that there were a good many border ruffians, as they were called, 
in town that day, and a lively sprinkling of Kickapoo Rangers, 
but we gave the matter no special thought, as it was no uncom- 
mon occurrence in those days. I was well aware that most of 
them^ as well as a good many in town of like ilk, had no special 
love for me, and it would require no stretch of imagination to 
believe that the gentle feeling was mutual. I was also aware 
that I had acquired (whether deserving or not) and that they 
well knew it, the reputation of ordinary nerve, a clear eye, and 
a quick motion, with a corresponding disposition to use the means 



136 Early History of Leavenworth City and County. 

provided for the emergency^ which were always ready and con- 
venient, consequently I gave the matter no thought. 

We retired as usual about one o'clock A. M. I was suddenly 
aroused by a hurried pounding at the back door and my name 
was called. I arose instantly and seizing one of my navy's, 
which were always handy within my reach, went to the door. 
Before opening it I inquired who was there, and was fully satis- 
fied it was McLane. He informed me very hastily and emphatic- 
ally, that I had better get out of there immediately; that he had 
just left a party of about forty desperate men, and named several 
of them, who I well knew, at Ki Harrison's saloon, then on 
the west side of Main street, between Delaware and Chero- 
kee streets; that they were all drunk, and that they had just taken 
an oath that they would close my accounts that night, and that 
they were then about ready to start when he slipped out of the 
back door and ran as fast as he could across lots to inform me. 

While I was grateful for his kindness, I thought best not to 
go. I had about eighteen shots and I told him if he had any- 
thing with him to come in and we would see them through with 
the best in the shop. But he declined my kind offer, and renewed 
his fervent appeal. In the meantime our conversation at the 
door, although carried on in a low tone, had aroused Parrott, 
and he springing up inquired what was the trouble. 

1 soon explained what was on foot. As soon as McLane 
learned who was in the room with me, he insisted, and Parrott 
not ever being overburdened with "sand" also urged a speedy 
departure from that immediate locality. I finally yielded to 
the pressure, thinking perhaps that discretion under the peculiar 
circumstances was the better part of valor. I promised Mac we 
would vacate immediately — perhaps the infernal yells of the 
demons, which was borne to us on the midnight air as they came 
up the streets, accelerated our motions. At all events we were 
not long in vamoosing the ranch. 

I took my guns, locked the back door of the office, and put 
the key in my pocket. Mac ran up the alley to Third street and 
crossed Delaware to the south side and met part of them (so he 
afterwards told me) in front of what is now the Douglass build- 
ing, next door west of Higgins & Coldren's plumbing store. The 
crowd had not missed him since he left them at Harrison's sa- 
loon. He inquired where they were going, they said to clean 



Gen. Geo. W. McLane. 137 

out that d — d Abolitionist, Miles Moore, and for him to come 
along and see it well done. He went with them. In the mean- 
time Mark and myself had crossed over to the north side of Shaw- 
nee street d rectly back of my office, and we waited in the hazel 
brush to watch the movements. We had not long to wait, for 
presently a portion of the d — s dashed past on each side of the 
building, between it and J. B. Davis' furniture house, where Geo. 
Heavey's commission store now stands on the west and Conway's 
Hotel on the east. 

Some of them broke into the front door, and others the back 
door. The nest was warm, but the birds had flown — to the 
brush. 

They cursed and raved like mad men, vowing vengeance, 
but finally retired to their den, without doing much damage, and 
finished their night's debauch. After a little reflection Parrott 
and myself concluded that the neighborhood could get along with- 
out our presence the balance of that night, so we took a little walk 
up to Fort Leavenworth for our health, where we remained with 
a friend until nine o'clock next morning, then sauntered down 
the river bank to the town and went into the old Leavenworth 
Hotel, where we both boarded, and got a late breakfast as though 
nothing had happened. 

We had been out in the country to Pennocks, and stayed all 
night (so we said) and walked into town. Nothing was ever 
said about the little recreation of that night, as we both felt that 
we owed our lives to McLane and we would not expose him. I 
should not have related this incident at this time, but it cannot 
possibly injure McLane, if he is still living. I think he has 
long since passed over the divide; at least most, if not all, of those 
incarnate fiends have gone to their long homes. Such a friend was 
McLane. 

McLane as a Town Speculator. 

By shrewd management McLane had obtained some shares 
in Kickapoo, Geary City, Palermo, Lawrence, and a few lots here; 
also some shares in several paper towns in Nebraska. With 
these shares he flourished and occasionally roped in a verdant 
speculator who had more money than brains, but was anxious 
to become a millionaire on a small investment. Those were the 
chaps Mac was seeking, the gudgeons he had his hooks baited for. 



138 Early History of Leavenworth City and County. 

Of course McLane's expenses increased as he spread out. Not 
being much of a miser^ he hoarded up but Uttle filthy lucre; but 
as he said to me, his great ambition was to be the sole proprietor 
and editor of an independent newspaper and also to show the 
boys how to run a journal on a plan similar to the New York 
Herald. 

Of that newspaper scheme I will speak presently. As every- 
body appeared to be getting rich in town speculations, Mac con- 
cluded he would make a bold dash in that direction on his own 
hook. He disappeared from here and was not visible to the naked 
e3'e for several weeks. He appeared as suddenly as he had dis- 
appeared, with a large roll of lithograph maps and plats of the 
"City of Washington," gotten up in splendid style. He had lo- 
cated it somewhere in Pottawatomie county, Kansas, I believe 
on the "Red Vermillion" river; greatest water privileges in the 
world, coal in abundance, fine stone quarries, rich farming 
country around it, etc., etc. He wrote flaming articles about it 
for the newspapers and sent them broadcast. 

The thing took like hot cakes. Mac had about 500 shares. 
A portion of these he distributed judiciously among his friends 
and sold the rest at a fair price and made a raise. Rumor, that 
unreliable old lady, sometime afterwards started the story that 
"McLane went direct to St. Louis, and there met another gentle- 
man, who had been somewhere in the upper country, and that 
they got up the scheme to catch gudgeons. That McLane had 
never been within a hundred miles of the pretended 'City of 
Washington.' " The scheme worked well, however, the boys got 
the money and all were happy, except the chaps who next year 
went to hunt up the town and returned with a large sized flea 
in their ears. The townsite had been jumped by some adven- 
turous customer, who had not the fear of townsite owners before 
his eyes. 



CHAPTER XXV. 



"The Young America," George Washington McLane, Sole 
Editor and Proprietor. McLane as a Whig Organizer. 
McLane as an Exhorter. a Response From Gen. G. W. 
McLane Redivivus. Gen. McLane's Letter. 

WE continue from our last, two or three more incidents as 
we call them to mind, in the life of this erratic philoso- 
pher during his residence in our city. "The Young 
America," Geo. Washington McLane, sole editor and proprietor. 
Such was the name of a meteor that flashed for a few short 
months its brilliant and sparkling scintillations across the plane 
of the newspaper world in the latitude of Leavenworth in 1857. 
McLane was in his apoge cycle. The Young America was out, 
and roaring "Ad astra," everybody read it, all must have it, the 
children cried for it; its course was onward and upward, its col- 
umns sparkled with wit, it was brimful of fun and humor, at 
times caustic and severe; now and then a religious vein was 
opened, like a streak of lean and a streak of fat in well selected 
gold band breakfast bacon. 

But all things earthly have an end, save a circle, and a termi- 
gants tongue, so says the proverb. It was too big a thing for 
the General's gait, the pace was too rapid, he could not bear so 
much prosperity; he began to neglect his bantling; it grew dull, 
then insipid; friends deserted it, and one day it reeled and stag- 
gered like an old Government mule with the blind staggers, kicked 
and with a snort it turned up its toes to the daisies; it died game 
like a thoroughbred. The relentless constable seized its carcass 
to pay the debts it owed those who had nursed it through its 
puling infancy and little breeches period, the printers, who can- 
not live on wind pudding and water gruel as a steady diet, for 
any great length of time, so saith the old stagers, wanted their 
hard earned dollars. "Whom the gods love, die young." 

139 



140 Early History of Leavenworth City and County. 

McLane as a Whig Organizer. 

Before the Republican party was fully organized, and after 
Mr. Clay's death, several attempts were made in different parts 
of the country to revive and breathe anew the breath of life into 
the once grand old Whig party. About the time McLane was in 
the zenith of his glory in this city, he and Jerry Clark, H. T. 
Green and a few other old Whigs called a public meeting at 
Stockton Hall for the above purpose. Flaming posters were 
gotten out, a band paraded the streets, and a big crowd gathered 
at the hall to see the fun. The General, Clark and Green were 
seated in front. After considerable canvassing Jerry made a mo- 
tion that Gen. G. W. McLane be called to the chair. Green sec- 
onded the motion, and it was carried unanimously, and the 
General mounted the rostrum. 

Some one in the crowd suggested that they have a secretary; 
McLane replied that it was not necessary, he would keep the 
minutes. Then there was another pause. After awhile Green 
moved that a committee on resolutions be appointed and that 
the chair appoint the committee. Mr. Clark seconded it. A 
Philistine in the crowd, C. F. Currier by name, an old Democrat 
of the hard shell persuasion, moved an amendment, "that the 
meeting appoint the committee." But McLane was equal to 
the emergency. Casting his eye over towards the mover, he re- 
plied, "I reckon Cyrus; that is too thin, if you want to join the 
Whig church, come forward on the anxious seat." He saw that 
move was an invention of the enemy. So he promptly declared 
the mover and amendment both out of order, and proceeded to 
put the original motion thus wise, "All in favor of the original 
motion, viz: that the chair name the committee, will make it 
known by saying aye." One or two voices responded "Aye," 
and without putting the converse of the proposition he immedi- 
ately replied, "Aye, aye. The aye's have it, the motion is car- 
ried and the committee are H. T. Green and Jeremiah Clark. 
They will retire to the committee room and prepare their report." 

This was too good, everybody roared, and old Cyrus as loud 
as any one, at the shrewdness of McLane. The committee re- 
tired, and as they passed McLane, he handed them a roll of fools- 
cap, of course it had no reference to the resolutions they were to 
report. The crowd soon commenced calling for a speech from 



McLane as an Exhorter. 141 

McLane. The General was not long in responding. It is but 
justice to the speaker to say, it was a splendid effort. His re- 
view of the old Whig party, its former greatness and power, and 
his eulogy upon the life and services of its distinguished leaders. 
Clay and Webster, was simply grand and eloquent. The com- 
mittee soon returned and passed the result of their arduous la- 
bors to the chairman. He readily deciphered them to the great 
edification of the crowd. On motion to adopt the report of the 
committee as a whole, another son of Belial, O. B. Holman by 
name, moved to amend, by adopting the resolutions seriatem, but 
the General again entered the breach and soon put the valiant 
knight hors-de-combat, in a similar manner to the former move 
by declaring the original motion carried unanimously without 
putting the negative of the question. The meeting soon ad- 
journed sine die. This was the first and last effort to revive the 
Whig party in Kansas. Its mid-wives were its sponsors and pall- 
bearers, and slowly and silently at low twelve they bore the corpse 
away to the tomb of the Capulets. "Requiescant in pace." 

McLane as an Exhorter. 

A short time before the General left Kansas, he had gotten 
somewhat demoralized. On one occasion he was in Lawrence, 
and at night, laboring under somewhat adverse circumstances, 
he strayed into the old Methodist church that stood opposite the 
Johnson house. A revival meeting was in full blast, and 
among the loudest exhorters was General Jim Lane, he was re- 
newing his spiritual grace for the hundredth time. McLane 
heard him through, and Rev. H. P. Johnson (afterwards the gal- 
lant Colonel of the Fifth Kansas Cavalry, who was killed at Mor- 
ristown. Mo., in 1861) commenced a brilliant and powerful ex- 
hortation, and alluded in the course of his remarks, to the noble 
services of Gen. Lane in the Mexican war; and also in the 
history of Kansas; how much was done by arousing the interest 
of such men in the cause of religion, etc., etc. McLane, not hav- 
ing a very clear conception of his present whereabouts, or the 
surrounding circumstances, supposed he was in a political meet- 
ing, as Lane and Johnson, both of whom he knew intimately, had 
been making speeches, he thought his turn had come. So steady- 
ing himself by a bench, he opened out in his peculiar tone and in- 
imitable manner, which must have been seen to be properly appre- 



142 Early History of Leavenworth City and County. 

ciated, "Mr. Speaker, Gen. Lane and Rev. Johnson have told this 
crowd what they did in the Mexican war, I want to inform you 
and them, that I, George Washington McLane, was there too. I 
fought, bled and died for my country (pausing for a moment, he 
added) nary time." By this time Lane, Johnson and others 
had reached the General and kindly informed him, "he was mis- 
taken in the place. This was a religious meeting and not a po- 
litical one. " Mac gathered himself together and replied: "Boys, 
I reckon, I must have gotten into the wrong pew," and he re- 
tired very gracefully. 

A Response From Gen. Geo. W. McLane, Redivivus. 

As I said on a former occasion a portion of these latter 
sketches were published in the weekly Commercial by the writer 
in 1873, and some of these incidents above related about McLane. 
I penned a few sketches of the distinguished gentleman whose name 
heads this communication, not knowing at the time whether he had 
(to use his own expression) "passed in his chips" or not. A short 
time after publishing the above, I received the following letter 
from him. As it was the last letter I received from the General, 
I trust I will be excused for publishing it at this time. It is Mc- 
Lane all over, as those who knew him will recognize, "his foot- 
prints in the sands of time" portrayed in every line. In the 
language of the immortal Webster, McLane "still lives" and a 
jolly lad he then seemed to be. 

Gen. McLane's Letter. 

"Washington, D. C, April 24, 1873. 
"My Dearly Beloved Miles:— 

"I have just been shown the Commercial. I aint 'lafed' 
so much in a year. It is bully, and I am much obliged for 
your complimentary terms. The only error is that the Young 
America did not die, neither was she sold for debt. If you will 
reflect a moment you will remember that I merged it into the 
Daily Ledger, the first daily then west of St. Louis. 

"I just called in to Gen. Tom Ewing's office today by the 
merest accident, and was shown the paper. We had a jolly time 
over it, and enjoyed it to the utmost. I gobbled the paper and 
will put it among my precious treasures. 



Gen. McLane's Letter. 143 

''God bless you. I suppose you know I was left out in the 
cold for Congress last fall from Arkansas. I am now en route 
for Vienna and leave New York tomorrow afternoon. I antici- 
pate a pleasant time abroad, and I will have it if I keep sober; 
damn it, I will have it any how. Mrs. Mc. is very well. Love 
<-o everybody. 

"Adieu, Sweetness, Adieu. 

"Geo. W. McLane." 

I stand corrected as to McLane's newspaper venture. It 
was the Daily Ledger, into which he merged the Young Amer- 
ica, that went up the flume. I do not think Mac made the 
Vienna connection, I never heard direct from him again. After- 
wards I learned he died in Philadelphia, his old home. 



CHAPTER XXVI. 



A Few Items of Interest, and the Precise Location of Cer- 
tain Buildings, and Other Points of Interest in the 
Early Settlement of Leavenworth, Kansas, as Here- 
tofore Compiled By the Writer From His Own Per- 
sonal Observation at the Time, and From His Daily 
Diary or Journal, Which He Has Preserved Intact 
From 1852 to 1880 Inclusive, Together With Other 
Writings, Scrap Books,. Etc. 

1HAVE previously given the causes which led up to the loca- 
tion of the town. Who and where the first settlers and the 

Town ComjDany came from. Also the name of the first 
newspaper in the town, and where it was printed and its history. 
Also when and where the first house was built in the town. Who 
composed the first Town Company, the officers and members. 
The first sale of town lots, and the prices for which they were 
sold, etc. Where the first hotel was built and who built and kept 
it. I now propose to follow this up with items of equal interest. 

The first store in town was owned and the house built late 
in the fall of 1854 by Lewis N. Rees, on the east end of lot one, 
block three, northwest corner of the Levee or Front street and 
Delaware street. All of this lot, the east end of Delaware street, 
between the Levee and Main street, and all of block two, above 
referred to, are now occupied by the Union passenger railroad 
depot and grounds. 

The first postmaster in the town was Lewis N. Rees, he kept 
the post office in his store room, on the northwest corner of Levee, 
Front or Water and Delaware streets, above mentioned. The 
mail was brought down from Fort Leavenworth by private con- 
veyance. Mr. Rees served as postmaster for some time, as an 
accomodation to the people, without pay, before he was legally 
appointed by the United States Government. 

144 



Location of First Houses. 145 

I have also heretofore spoken of the first saw-mill in town 
and who built and run it. Also the first hotel, its owners and 
location. The same parties also dug the first well in town, south 
of the hotel, on Delaware street, near the corner, about on the 
curb line as now located, in front of Joerger's railroad office. 
When Delaware and Main streets were afterwards graded the well 
was dug clown or off at the top and the balance filled up. 

The first boarding house built in town was owned and kept 
by Mrs. Garno in the fall of 1854 on block three, near the center 
of the block, fronting on Main street, just north of the Times 
building. Mrs. Garno afterwards moved to Wyandotte, Kan- 
sas, and built and kept the justly celebrated Garno House in 
that city. 

The first religious services held on the townsite were held 
by Elder Wm. G. Caples, of the Methodist Church South, under 
the shade of the trees on the bank of the Missouri river, near the 
northeast corner of the townsite and the Military Reserve line, 
I think on the first Sunday in August, 1854. 

The first dwelling house used exclusively as such, 16x24 feet 
in size, was built by Jeremiah Clark, where the Carney house 
now stands, on the southwest corner of Walnut and Fourth streets 
in the fall of 1854. When Mr. Clark built the brick house, he 
moved his little cottonwood house across Walnut street onto 
the lot between the High School building and the Congregational 
church. That was many years before Walnut and Fourth streets 
were graded. Some fifteen years ago Mr. Ortman, who owned 
it, moved it onto the alley between Olive and Spruce streets on 
the south side of the alley, about half way between Fourth and 
Fifth streets, where it still stands. 

Governor Andrew J. Reeder, the first Governor of the terri- 
tory of Kansas, reached here October 7, 1854, and established 
the temporary seat of government at Fort Leavenworth. 

The first public sale of lots in Leavenworth, as I have 
previously stated, was on the 9th and 10th of October, 1854. 
Gen. George McLane auctioneer; H. Miles Moore, secretary of 
the Town Company, kept the memorandum list of sales, the lots 
sold, and the location, lots, blocks and to whom sold, price paid 
for each lot and the total amount received. The highest price 
paid was $350 for lot three, block three, to Capt. James A. Grant, 
U. S. A., the lot now occupied by Catlin & Knox, wholesale boot 



146 Early History of Leavenworth City and County. 

and shoe store on Main street. The lots upon which the hotel, 
stores and other buildings had been previously erected were not 
sold, but were set apart by the Town Company, as the first lots 
belonging to the shares owned or bought of the party who had 
built the above houses. The original map from which all the 
lots were sold at that sale, the memorandum of sales^ all of the 
proceedings of the Town Company, drawings of lots, and all the 
books and papers of the old Town Company are still in the pos- 
session of the writer, H. Miles Moore. 

The first election held in the territory of Kansas was Novem- 
ber 29, 1854. It was for delegate to Congress. General John W. 
Whitfield, Pro-Slavery, was elected. About 300 true and lawful 
voters from Weston, Mo., came down on the good steamer New 
Lucy, Wm. Conley, Master. We reached the landing at Leaven- 
worth about 10 o'clock A. M. and by noon all had exercised a 
freeman's privilege, of course for Gen. Whitfield. Judge Flenni- 
ken, the Abolition candidate, whom the Missouri boys said Gov. 
Reeder had brought out from Pennsylvania especially to run for 
Congress was not in it. He returned shortly to Pennsylvania 
and was no more visible to the naked eye in Kansas. The polls 
were held at the dining room window in the basement of the 
Leavenworth Hotel on the Main street side. By three o'clock 
P. M., the votes were all in, and the boys all tanked up, ready to 
go home. And the good steamer soon turned her prow up stream, 
bearing homeward to Weston this noble band of patriots, and 
able-bodied voters, subject to call at the next election. 

First steamboat agent in town was James W. Skinner, who 
opened an office, in 1855, in a small frame house on lot 11, block 1, 
northeast corner of Cherokee and the Levee, on Front street. Mr. 
Skinner still resides here and is among our most highly respected 
citizens. He was a member of the city council for one or more 
terms from the first ward of this city, a few years ago. 

The first Express company in the city was Richardson's 
Missouri River Express. Lewis L. Rees was local agent. Mr. 
Richardson was his own messenger, he traveled up and down the 
river on steamboats at regular intervals, about once in two weeks 
each way, between St. Louis and St. Joseph. He carried money 
packages mostly, occasionally small packages of jewelry, etc., 
which he could put in his small safe, which he kept in the clerk's 
office on the boat. It was a great accommodation to the mer- 



Miscellaneous Items. 147 

chants and business men of the towns along the upper Missouri 
river, who desired to send money to St. Louis and the East, as 
there were ho banks at these towns at that time that could issue 
drafts or exchange on St. Louis or eastern cities. 

The first census of the town was taken September 1, 1854. 
There were 100 residents of the village, all males but one, "Old 
Aunt Beck," an old darky woman, former slave of old Ordnance- 
Sergeant Fleming, who lived at Fort Leavenworth. Aunt Beck 
lived in a tent at the time, down on Three Mile creek, on Third 
street, and did washing for the boys. 

The first child born in the town, as we have stated in a for- 
mer sketch (and only repeat it to narrate another incident in 
this connection) was Cora Leavenworth Kyle, daughter of Mr. 
and Mrs. A. T. Kyle, and grand-daughter of Uncle George Keller. 
She was born at the Leavenworth Hotel, December 6, 1854. She 
was married to James N. Allen, Esq., late Deputy Warden of the 
U. S. penitentiary at Fort Leavenworth. She died a few years 
ago highly respected and greatly beloved by a large circle of 
friends, leaving a devoted husband and two very interesting 
daughters. In connection with the above family, a pleasant 
incident and one long to be remembered occurred several years 
ago, at a reunion of the old settlers of the city, held at Odd Fel- 
lows' hall, at which Hon. Alex Caldwell presided (if I remember 
aright). Speeches were made by several of the old settlers. 
Judge Richard R. Rees (commonly called Uncle Dick Rees) read 
an original poem (of which I have a copy), songs were sung by a 
quartet from the German Singing Society, also a song by Mrs. 
Allen, and splendid music by the band, and a general good time 
all around. But the climax of the occasion was reached when 
there appeared upon the platform Uncle George Keller and 
Aunt Nancy, his wife. Mr. and Mrs. A. T. Kyle (Mrs. Kyle being 
the daughter of Uncle George and Aunt Nancy) and James N. 
Allen and Cora L., his wife (nee Cora L. Kyle) with their infant 
daughter, Kate, in her arms; four generations of one family. A 
universal shout went up from the assembled crowd, which made 
the Welkin ring, and all joined in singing Auld Lang Syne. 

The first bridge built in the town was but a temporary pole 
bridge constructed by Russell, Majors & Waddell, across the 
ravine between Seventh and Broadway on Delaware street, to 



148 Early History of Leavenworth City and County. 

enable them to reach the levee or steamboat landing with their 
big government freight wagons. 

The first frame bridge was built of hewn or sawed timbers 
and Cottonwood plank flooring and constructed across Three 
Mile creek on Main street, where the iron wagon and railroad 
bridge now stands. Bass, the murderer of the man at the spring 
on the river bank at foot of Osage street and the north Esplanade, 
was hung by the mob from a linn or basswood tree adjoining the 
bridge on the west side (of which hanging I may speak hereafter.) 

The first stone arch bridge was constructed over Three Mile 
creek on Second street, and was washed away in the big flood 
of 1865, when all the bridges then constructed over Three Mile 
creek were washed away or destroyed. Of this destructive flood 
I shall speak at the proper time. 



CHAPTER XXVII. 



Courts and Banks in the City in Early Days. 

THE first court organized in the territory of Kansas was held 
by Judge Samuel D. Lecompte, Chief Justice and U. S. 
Judge of the first judicial district of the territory of Kan- 
sas, April 19, 1855. The court was organized and the first ses- 
sion held in a room over J. L. Roundey's furniture store a 
small two-story frame building on the south side of Delaware 
between Second and Third streets, in block 22 on the lot where 
Endress' stove store stands or the next one west, where L. W. 
and S. E. Wheat's law office is. 

The United States Surveyor General's office of the territories 
of Kansas and Nebraska, John Calhoun, Surveyor General, was 
held for several months in the spring and summer of 1855, in the 
old one-story Cottonwood frame building still standing and occa- 
sionally occupied, on the lot next east of Endress' stove store, on 
the south side of Delaware street, between Second and Third 
streets This old shack, as it now appears, and as it is still stand- 
ing, is one of the very oldest buildings in the city. It has had a 
great variety of occupants and a varied history. After it was 
vacated as the Surveyor General's office, it was occupied as a law 
and land office. Ex-Mayor Henry J. Adams afterwards had his 
bank there, then a land and loan office again, a saloon, a dwelling, 
a tailor shop, a retail store, etc. Since the above was written 
the old building has been removed. 

Banks. 

The first banking business done in the town was by Mr. 
Bailey, who opened up early in the spring of 1855, in a little one- 
story frame building near where the one-story brick tailor shop 
of old man Strubbel now stands on the north side of Delaware 

149 



150 Early History of Leavenworth City and County. 

street between Main and Second streets. Mr. Bailey was a 
timid man and his money more so. As things progressed rapidly 
in the summer, and the boys began to get a little gay with their 
guns, he thought the town was getting too rapid for him, and 
he soon pulled up stakes and returned to Ohio, bank and all. 

The first legitimate banking business and building con- 
structed in the city for that especial business, and no other, is 
still standing, although very much dilapidated. It is the little 
old tumble-down, one-story brick building on the alley in the 
rear of Martin Donovan's coal and transfer office on the north- 
west corner of Main and Cherokee streets. Isett, Brewster & Co., 
of DesMoines, Iowa, built it and owned the bank. John Kerr 
was the company and manager. Isett & Brewster afterwards 
sold out their interest in the bank to old man Lyman Scott, and 
it was moved up to the southeast corner of Delaware and Second 
streets, and became the banking house of Scott, Kerr & Co. This 
bank was in due time absorbed by the First National Bank, 
which latter bank was first located on the northeast corner of 
Delaware and Main streets and was principally owned and con- 
trolled during their time by Lyman Scott, Sr. and his sons Lucien 
Scott and Lyman Scott, Jr. Kerr sold out his interest in the Scott, 
Kerr & Co. bank to the Scotts and moved to Texas, and continued 
in the same business. The First National Bank was afterwards 
moved to the northeast corner of Fourth and Delaware streets, 
as we shall presently show. 

Other banks in Leavenworth in early days. Smoot, Russel 
& Co. established a bank in the fall of 1855, at the southeast cor 
ner of Main and Shawnee streets, in what was then a two-story 
stone building — the grading of Shawnee and Main streets caused 
the north wall on Shawnee street and the east front on Main 
street to collapse. It was rebuilt of brick, as it now stands. This 
was one of the largest and most important private banks in point 
of capital, business and financial standing in the West. When 
Majors, Russell & Waddell's great government overland freight- 
ing interests were removed from this city, the bank was succeeded 
by that of J. C. Hemingrey & Co., at the same place. S. F. John- 
son & Co.'s bank started about this time as a private bank in 
the room at the northwest corner of Main and Delaware streets, 
lately occupied by John N. Joerger's railroad office. 



Banks. 151 

Clark & Gruber opened a bank about this time in the room 
now occupied by the Leavenworth Electric Street RailM^ay Co. 's 
office, second door west from the southwest corner of Third and 
Delaware streets. This bank was afterwards merged into the 
Second National Bank, located a few doors east of Third and 
Delaware streets on the south side of the street in the room so 

long occupied by J. C. Douglass as a law office on lot block 

22, city proper. The charter of this bank was afterwards surre:i- 
dered to the U. S Government. 

Henry J. Adams & Co. 's bank was organized in 1857 under 
the territorial laws and called the Leavenworth City Bank. It 
was a bank of issue; it was located in the late old frame, one-story 
building next east of Endress' stove store, south side of Delaware 
street, between Second and Third streets. The same building 
formerly occupied as Surveyor General's office of Kansas and Ne- 
braska territories, before referred to. The bank was not a finan- 
cial success and soon passed in its checks unredeemed; a number 
of its red-backed $2 bills are still held in this vicinity by its con- 
fiding friends as souvenirs of ill-spent investment. 

The J. C. Hemingrey & Co. bank before referred to, first com- 
menced business in a small room in a two-story frame building at 
the northwest corner of Main and Shawnee streets, upstairs; as 
business increased it was moved to a two-story frame building, 
next north of the present Catlin & Knox boot and shoe store, east 
side of Main street between Delaware and Shawnee streets, lot 
4, block 3, city proper. The Catlin & Knox building was then 
occupied by the wholesale grocery house of C. R. Morehead & 
Co. After the big fire on Main street, which swept from Shawnee 
on the east side of Main street down to Morehead & Co.'s store, 
J. C. Hemingrey & Co. moved their bank to the southwest corner 
of Shawnee and Main streets, as before stated. 

J. W. Morris bank. In 1857 Dr. Morris who had come here 
from DesMoines, Iowa, opened a bank in a frame building near 
the northwest corner of Shawnee and Second streets. Blaiser & 
McClauslin also had a brokers and money loaning office about the 
same time in a frame building on the next lot west of Dr. Morris' 
bank. 

Eaves & Keller bank. About 1858 Eaves and Keller came 
here from Baltimore, Maryland, and opened a bank just north of 
the northeast corner of Main and Cherokee streets east side. It 



152 Early History of Leavenworth City and County. 

only remained for a short time. It was not a financial success 
as a bank too much competition, although both parties re- 
mained here and entered into other lines of business. 

Diefendorf, Hellen & Bliss opened up a bank or broker's and 
loan office in a frame building on the southwest corner of Main 
and Delaware streets in 1858. It flourished for awhile and then 
they moved to Salt Lake City, where I learn they made money 
dur ng the gold excitement. 

C. E. Scholscoff. Many of our readers will remember this 
sharp, shrewd, money-making German, who had a bank and 
loan office on the north side of Delaware street, between Second 
and Third streets in 1858, and for some years afterwards. He 
was surely a financial success. 

The Drovers bank. We were just shown a somewhat finan- 
cial curiosity by Paul E. Havens, Esq., president of the Leav- 
enworth National Bank. It was a two-dollar bill of the above 
bank, dated at Fort Leavenworth, with the (Ft.) stricken out, 
July 1, 1856, A Cowing, Pres , J. C. Sargent, Cash. If these 
bills were in circulation here, I do not call it to mind, nor do I re- 
member that such a bank was located here 

E. H. Gruber's bank. In 1859, if I mistake not. E. H. Gru- 
ber dissolved partnership with the Clarks, A. M. and M E., 
withdrew and built the three-story brick building on the south- 
west corner of Delaware and Main streets. The bank was in the 
corner room, first floor, so long occupied as the K. C, St. Joe & 
Council Bluffs and Burlington system of railroad offices, Geo. W. 
Nelles, agent, afterwards succeeded by Elliott Marshall, who 
after the building of the Burlington depot, corner of Fifth and 
Choctaw streets transferred his office to that point. The bank 
did a large business and made money all during the war, and for 
some years afterwards. Parties who ought to know, said Gruber 
began to fly too high for his capital. The Jennison tiger cat 
required more lacteal fluid than the little Jersey cow could fur- 
nish, like some others in those days, he could not bear prosperity; 
at all events he closed out. Len T. Smith got the building and 
Gruber went first to Texas and then to Colorado I learn. The 
building is now partially occupied by the People's Telephone 
and the Water Works Co.'s offices. 

H. L. Newman and Paul E. Havens bank. About this time 
this firm opened a bank in the three-story brick building, now 



Banks. 153 

called the Havens building on the northeast corner of Delaware 
and Third streets^ where the Missouri Pacific railroad office now 
is. This bank was a verj^ popular institution and did a large and 
successful business for a number of years. Mr. Newman desiring a 
larger field for his financial operations bought out Mr. Havens, 
and moved the bank to East St. Louis. 

The Leavenworth Savings Bank. Hines & Eaves estab- 
lished the above bank about the close of the war. It was first 
opened down in the room occupied by the Water Co.'s office, next 
to the southwest corner of Main and Delaware streets. It was 
then moved to the room next west of the Leavenworth National 
Bank, near the southwest corner of Fourth and Delaware streets. 
From there it was moved to the room now occupied by M. Gold- 
smith as a pawn broker's office on the east side of Fourth street, 
between Delaware and Shawnee street, then the Missouri Valley 
Life Insurance building, now the Times building. This bank 
flourished for a number of years, but by bad management, to 
state it mildly, it failed ignominously, to the great injury of a 
large number of citizens, mostly poor people and small deposit- 
ors, who could ill afford to lose their hard earned savings. 

The German bank was first started by Simon Abeles and 
located in his building on the northwest corner of Third and Chero- 
kee streets, then removed to the Fitzwilliam block on the corner 
of Fourth and Delaware, the room where Fritsche's drug store 
is now located. After a long and successful financial career, its 
assets and good will were transferred to the First National Bank. 
We will continue and close the subject of banks in our city in our 
next sketch. 



CHAPTER XXVIII 



Banks — Continued. 

INSLEY, Shire & Co.'s bank. This bank was established in 
1866^ after the close of the war. It was located on the east 
side of Delaware street, four doors east of Fifth street, on 
the first floor of the Masonic building, late occupied by P. J. 
Freeling's trunk store. It was one of the largest and most promi- 
nent banks in the city for over twenty years. The death of Mr. 
Shire, and the settling of his estate compelled the transfer of the 
assets and good will of the bank, which was purchased by the 
First National Bank of this city. 

The present banks of Leavenworth, (with one exception as 
noted below) are as follows, together with their present location: 

The First National Bank, as we have previously stated, was 
first established by the Scotts, father and sons, Lyman, Sr., Lu- 
cien and Lyman, Jr., about the close of the war, and was located 
in the Carney & Stephens building, a three-story building on 
the northeast corner of Main and Delaware streets, as then lo- 
cated. The bank was in the corner room, first floor, fronting on 
Main street. It remained there a number of years, when it was 
transferred to its present location, northeast corner of Fourth 
and Delaware streets. Lucien Scott remained its president up 
to the time of his death, owning a majority of its stock, a most 
careful, prudent and successful bank president for over twenty- 
five years. Ex-Governor Morrill succeeded him as president, and 
was in turn succeeded by Hon. Alex Caldwell, the present presi- 
dent, and Amos E. Wilson, cashier. 

The Second National Bank was the outgrowth of and suc- 
ceeded the Clark Bros, bank, who were, with Gen. Jas. W. Stone, 
the principal officers and stockholders. It was chartered shortly 
after the war, and was located in the building on the south side 

154 



Banks. 155 

of Delaware street, a few doors east of Third street, in the room 
so long known as J. C. Douglas' law office. After a series of years 
of varied success, and the death of its first president, A. M. Clark, 
it surrendered its charter. 

The Leavenworth National Bank. The next national bank 
established in our city was the Leavenworth National Bank, 
located at the southwest corner of Fourth and Delaware streets, 
first floor of the Havens building. Paul E. Havens, presi- 
dent, and Ed Carroll, cashier. 

The Manufacturers National Bank. The next national bank, 
as now established in our city, is the Manufacturers National 
Bank, located on the northwest corner of Fifth and Delaware 
streets in the Manufacturers bank building, corner room. E. 
W. Snyder, president, and Chas. E. Snyder, cashier. 

The LTnion Savings Bank. The fourth bank in the city 
is the Union Savings Bank, located on the northwest corner 
of Fifth and Delaware streets, formerly in the basement and im- 
mediately under and now a part of the Manufacturers National 
Bank. 

The next bank established, (if I remember aright) was the 
State Savings Bank of Leavenworth, near the southeast corner of 
Fifth and Delaware streets. A. A. Fern, president, and E. A. 
Kelly, cashier. 

The next bank established was the Wulfekuhler State Bank 
of Leavenworth, office in Wulfekuhler bank building, northwest 
corner of Fifth and Delaware streets. The Union Safety De- 
posit vaults are a part of and owned by said bank. Otto H. 
Wulfekuhler, president, Albert F. Wulfekuhler, cashier. 

That our banks each and all of them stand in the very front 
rank of financial institutions in the West does not admit of a 
doubt. Their officers and directors are among our wealthiest, 
most successful business men and financiers in the city. Their 
affairs are conducted with honesty, prudence, discretion and 
fidelity to the safety and best interests of stockholders, deposit- 
ors and all other parties interested. They have never failed in 
a single instance to respond promptly to all legal drafts upon 
their financial supplies. And when financial storms have swept 
over the land, and banking institutions in many cities of the 
Union have been torn from their moorings, and cast as derelicts 
upon the sea shore of misfortune, or swallowed up in the mael- 



156 Early History of Leavenworth City and County. 

Strom of oblivion, the present banks of Leavenworth have proudly 
weathered all financial storms without the loss of a single yard of 
canvass or a span of ratlin, and guided by the most consumate 
skill of their competent pilots, rode in safety into the harbor of 
public confidence and esteem, which they still so justly maintain. 

Drug Stores. 

The first drug store in the city was built and owned by Dr. 
Samuel Norton, who came from Weston, Mo. He was one of the 
original Town Company. It was first a frame building and stood 
on the south side of Delaware street, just east of the corner of 
Second and Delaware streets, and was built late in the fall of 1854. 
It was afterwards removed and the two-story brick building, 
known as the Norton building, was erected on the same site and 
is still standing. Dr. R. E. Allen, late of Liberty, Mo., built and 
occupied as a drug store about the same time, a one-story frame 
building on the west side of Main street, north of Delaware street, 
opposite the Anthony building. 

Churches. 

The first church in the city. I am not positive which was 
the first church building erected in Leavenworth. H. P. John- 
son (afterwards the gallant Colonel of the Fifth Kansas Cavalry, 
who was killed through his daring recklessness, at Morristown, 
Mo., in 1861) always claimed that the little Methodist church, 
which he built on the northwest corner of Third and Main streets 
in the summer of 1855, and which was removed long years ago, 
was the first church building erected in town. 

The first Christian church, or Campbellite church in the city. 
In the summer of 1855, Elder W. S. Yohe erected a small one- 
story, frame. Christian church building on the east side of Shawnee 
street, about the center of the block, between Second and Third 
streets. It was destroyed by fire in the fall of 1857, at the time 
of the great fire which had its origin in the first market-house 
erected in the city on the southeast corner of Delaware and Third 
streets. Of which fire I will speak more fully hereafter. A year 
or two after, the Christian congregation erected the brick building 
on the east side of Sixth street, between Shawnee and Seneca 
streets and still occupied by them. 



Churches. 157 

Methodist Church South. About the same time the first 
above mentioned Methodist church was built, Amos Rees, Esq., 
one of the original Town Company, built the Methodist Church 
South, a one-story frame building on the north side of Choctaw 
street, between Second and Third streets, where the wood-work 
and mill machinery building and the offices of the Great Western 
Manufacturing Co. now stand. The erection of the office build- 
ing on the east side, a year or two ago, removed the last vestige 
of said church building. In 1859, if I mistake not, the two-story 
brick Methodist church, northwest corner of Fifth and Choctaw 
streets was erected. For a time this was the largest, finest and 
most expensive church edifice in the city. About the same time 
the Sixth and Osage street Methodist church was built. Some 
years ago Mr. William Fairchild erected the Michigan Avenue 
Methodist church, and there are one or two other small church 
buildings of the same denomination in the city where services are 
occasionally held I believe. 

The first Catholic service held in the city and also the first 
Catholic church built in the city. The first Catholic service was 
held and the first mass said, (as I remember) by Rev. Father 
Fish of Weston, Mo., in the early summer of 1855, at the house 
of Andy Quinn, on the south side of Shawnee street, east of the 
middle of the block on lot 29, block 23, city proper. A bureau 
was used as an altar for the service. The first Catholic church 
was built on the southwest corner of Kickapoo and Fifth streets, 
in the fall of 1855, where the Parochial school house now stands, 
by that grand old man, true and earnest Father of the church, as 
well as public spirited citizen and devoted Christian gentleman, 
whom to know was to love and admire, the Right Reverend Bishop 
Miege. The congregation worshipped in the old church for a 
number of years afterwards, until the erection of that grand ca- 
thedral, one of the most costly church edifices in the West, located 
on the southwest corner of Fifth and Kiowa streets. A number 
of other Catholic churches have since been built in the city. 

The German Catholic church on the east side of Broadway, 
between Miami and Osage streets, the Sacred Heart church, 
corner of Second avenue and Prospect streets, the Church of the 
Holy Angels (colored) on the north side of Pottawatomie street, 
between Sixth and Seventh street, and the St. Casimir Polish 
Catholic church on South Broadway, corner of Pennsylvania Ave. 



158 Early History of Leavenworth City and County. 

The first Presbyterian church was erected in the city on the 
rear of lots 31 and 32 (I think) of block 77, next west of the late 
Dr. J. W. Morris house, southwest corner of Sixth and Miami 
streets. A. McCauly, Esq., and Dr. J. G. Park were the main 
pillars in its construction and its earnest advocates and friends 
^for years. Rev. A. W. Pitzer, one of the brightest lights and 
ablest divines in the West, was the pastor from its erection in 
the fall of 1855 or spring of 1856 until the summer of 1861, when 
he returned to his native state, Virginia, to obey the call of a de- 
voted mother (as he put it) upon her worthy sons in all lands, to 
sustain by their valor, the honor and glory of the grand old com- 
monwealth. A new church building was erected a few years 
after on the north side of Delaware street, near Seventh street, 
the present location of the First Presbyterian church. Rev. Dr. 
Page, pastor. 



CHAPTER XXIX. 



Churches Continued and Hotels. 

THE Westminister Presbyterian church, sometimes called the 
"Rev. Backus church/' as it was principally built and co n- 
troUed by him, was a very nice brick church, built on the 
corner of West Seventh and Oak. It was not a success as a 
church for want of financial support, and was finally sold to the 
school board who occupied it for school purposes for a time, and 
as it was not suitable for that purpose, it was torn down and the 
material used in the construction of the Oak street school house. 

The Second Westminister church. Rev. McReaser, pastor, 
was afterwards built on the north side of Walnut street, between 
Fourth and Fifth streets. It has been occupied as the High 
School building for a number of years past, until lately. 

The Cumberland Presbyterian church, erected in the early 
60 's by George R. Hines, and one or two other friends of like per- 
suasion, was at a later date occupied for a time by the Free Metho- 
dists. It is still standing, but hardly used for strictly religious 
purposes for the last fifteen years. It has been used as a saloon 
and billiard hall, in the rear and part of the Couch building, next 
west of the W. G. Hes.se & Co.'s wagon repair shops on the north 
side of Cherokee street, sixth or seventh lot west of Fourth 
street. 

Another Presbyterian church was the United Presbyterian 
church, sometimes called the Covenantier Presbyterian church, 
erected in 1866 in the triangle between Fifth street and Second 
avenue on Arch street. It was built by the Larimers, McGaheys, 
McNarys, McCahons, Cochrans, and other families who came 
from Western Pennsylvania and were very strict in their religious 
trusts and belief. After the older members of these families died, 
the younger members did not feel sufficiently interested to keep 

159 



160 Early History of Leavenworth City and County. 

up a separate organization, and they sold the church, and it is 
now occupied as a German Lutheran church. 

The First Episcopal church services were held in the town in 
the spring of 1856 by the Right Reverend Bishop Kemper, the 
venerable and pious prelate of the Wisconsin Diocese. He or- 
ganized the first parish in the territory here, and lay services 
were for a time held in. the hall on the north side of Delaware 
street, between Second and Third streets, next west of the Mc- 
Cracken building. Services were then held for some years in the 
basement story of the stone house on Seneca street, south side, 
near Third street, next east of Van Tuyl's livery stable. Rev. 
Hiram Stone, rector. A large church was commenced on the 
northwest corner of Seventh and Ottawa streets, the foundation 
was laid, and the parsonage erected on the rear of the lot; the 
location was finally decided by the vestry as not desirable, and 
it was abandoned. Mrs. Ed Jobson now resides on the premises. 

The next move was to erect a little church (which really 
was the first Episcopal church built in the city) in 1858 on the 
rear of the second lot east of the southeast corner of Fifth and 
Chestnut streets, where Mrs. Shoyer's residence now stands. The 
owner of the corner lot failed to donate it, as promised, and the 
title became in doubt. This location was at last abandoned, 
and the present site of the St. Paul 's church selected, on the north- 
east corner of Seventh and Seneca streets. The parish also own 
the St. John 's Chapel, northeast corner of Fifth and Arch streets. 

The German Lutheran church, northwest corner of Seventh 
and Miami streets, was erected in 1857 or 1858, I think. The 
English Lutheran church was erected a year or two ago; it 
is situated on the northeast corner of Sixth and Spruce streets. 

The First Congregational church was erected in 1859 or 1860 
on the northwest corner of Fifth and Delaware streets. It was 
long one of the landmarks of the city. A few years ago the con- 
gregation sold the property to the Manufacturers National Bank 
Company and built a beautiful church on the northeast corner of 
Fifth and Walnut streets. 

The Jewish Synagogue, southeast corner of Sixth and Osage 
"V streets, was one of the early churches erected in the city, and is 
still occupied as their temple of worship. 

The First Baptist church is one of the largest and finest 
church edifices in the city. It stands on the southwest corner 



Churches and Hotels. 161 

of Sixth and Seneca streets. It was built in the latter sixties. 
Among its early distinguished clergymen were Rev. Scott and 
I. P. Kalloch. This church was one of the most popular churches 
of the city for a number of years, and its members are among 
the leading citizens of the town. 

The first colored church building in the city was the First 
Methodist church on the south side of Kiowa street, between 
Fourth and Fifth streets. It was a large and prosperous church 
and was erected about 1868. The second colored church in the 
city was on the southwest corner of Seventh and Pottawatomie 
streets. It is known as the First Colored Baptist church. This 
church was also built in 1868 or 1869. The first building was 
originally a frame one, but has since been replaced by a nice brick 
structure. There are one or two other colored churches in the 
town. 

The Friends or Quaker church, on Pennsylvania avenue, 
west of Broadway, was a brick structure, built in the early sixties, 
but was destroyed by fire some time ago. If they now have a 
place of meeting I am not advised of the location. 

The Independent, or Free church, southeast corner of Seneca 
and Broadway, has long been occupied as a place of worship. 
There are a number of other churches in the city, which have not 
been especially mentioned in the above enumeration, but which 
were intended to be included in a general summary of churches 
under their particular denominations. It may not be out of 
place to refer to them by name and location. 

The Fifth Avenue chapel, southwest corner of Fifth avenue 
and Congress. The Christian Scientists also hold their services 
in this chapel. 

The United Brethren have a church on Tenth street, between 
Ottawa and Kickapoo streets. 

Hotels. 

The first hotel in the city, as previously stated, was the 
Leavenworth Hotel, built by Keller and Kyle, on the northwest 
corner of Main and Delaware streets. This soon came to be 
looked upon as a Free State or Abolition hotel, as all Free State 
people were called in those days in Kansas. This feeling of preju- 
dice, of extreme southern men towards persons who came to 
Kansas either from the North or the South, who dared to express 



162 Early History of Leavenworth City and County. 

or even entertain views in opposition to their radical notions on 
the question of slavery in Kansas were denounced as Abolition- 
ists^ and open attempts, as the history of those times show, were 
made to prevent Northern or even Free State immigrants from 
coming into the territory and to drive out by force, if necessary, 
those who had already located here. It was this spirit of in- 
famous and extreme Pro-Slavery radicalism that developed itself 
into the organization of a company or association for the building 
of the old Planters' House, on the northeast corner of Main and 
Shawnee streets, in 1855. As our town was growing rapidly, and 
the Leavenworth Hotel was exceedingly limited in its capacity 
for entertaining the traveling public and immigrants who were 
pouring into the territory through the portals of our city, it was 
conceded by all parties interested, that a larger, more commodious 
and better appointed hotel ought to be constructed at once, and 
that if properly managed the investment would prove a paymg 
one. 

A number of the leading men of our city were consulted, and 
many of them promised to take stock in the new enterprise. The 
subscription paper was prepared and H. P. Johnson (afterwards 
colonel of the Fifth Kansas Cavalry, and who was killed at Mor- 
ristown, Missouri) was designated to solicit subscribers. The 
writer of this, although he had promised to subscribe liberally, 
had not been consulted as to the provisions and requirements of 
the subscription, and when the paper was presented to him, he 
most positively declined and refused to subscribe one dollar to 
the enterprise according to its present terms and conditions. 
Among other things it provided "that the hotel was to be owned/ 
by Southern men and conducted on exclusive Southern principles." 
The writer of this insisted that if he was to have any interest or 
stock in the hotel any and every man, whether he was from the 
North or the South, Free State or Pro-Slavery who desired to stop 
at this hotel, if he paid his bills and conducted himself as a gentle- 
man and so demeaned himself as a guest, was welcome. 

A bitter and somewhat acrimonious colloquy ensued between 
them, and the result was no Free State man became a subscriber ■'" 
or took stock in the hotel. A splendid three-story brick building 
was erected, furnished and opened by Messrs. McCarty and Mc- 
Meekin, the former from Independence, Missouri, and the latter 
from Weston, Missouri. Both were pleasant, agreeable gentle- 



Hotels. 163 

men and knew how to keep a hotel. It was a popular hostelry 
and headquarters for the Pro-Slavery part}- in the territory and 
from the South, many of whom visited Kansas in those days of 
extreme excitement. 



CHAPTER XXX. 




Hotels of the City Continued. A Few Incidents of the Old 
Planters' House. 

AS I am writing the early 
history of the town, in 
this connection I may be 
excused if I give place to a few 
incidents which occurred in and 
about the old Planters' House, 
in early days and are a part of 
its history. As says the poet, 
"a little fun now and then, is 
enjoyed by the best of men." A 
few years ago a correspondent 
of the Kansas City Star called 
upon me and desired me to give 
him a few leaves from the store- 
house of my memory, relative to early incidents of the above 
hotel which I kindly did and which in publishing the same at 
the time^ he did not forget to give me full credit. It may not 
be out of place, if I repeat a portion of them at this time. I 
stated in a former article the conditions upon which the stock 
of the hotel was subscribed and who furnished it, that it con- 
tinued to run on "exclusive Southern principles," that is, no 
known Free Soilers were received as guests, until 1857, when as I 
said before it was sold to Len T. Smith and Jep Rice. Col. Rice, 
late deceased, was one of our most highly respected citizens. 
Messrs. Smith and Rice were from Michigan and Free Soilers. 
They ran the hotel seven years and made money except during 
1861, when there was a great drouth. The policy of the new 
proprietors was to entertain all comers, Pro-Slavery or Aboli- 
tionists, provided they paid their bills and acted like gentlemen. 

164 



Incidents of the Planters' House. 165 

When they announced their free-for-all policy they lost from 
both sides for a time. The Abolitionists were mad because they 
accepted Pro-Slavery men as guests, and the Southern sympa- 
thizers were offended because Messrs. Smith and Rice were at 
heart Northern Abolitionists. But the house was run in first- 
class style and it soon had plenty of patronage. 

Abolitionist and Pro-Slavery Bartenders. 

The presence of two classes of guests, each bitterly contempt- 
uous of the other, gave rise to a unique plan of conducting a bar. 
The bar-room and billiard hall were in the basement and two 
kinds of political bartenders were on duty night and day. One 
was an Abolitionist, the other, of course, was Pro-Slavery, while 
a "free nigger," as Mr. Rice puts it, broke the ice and did a por- 
ter's work. By this method the Planters' caught the trade of 
both sides. When a Pro-Slavery man came in and sunk his knife 
down in the top of the bar and shouted, "I can lick any man born 
north of Mason and Dixon's line!" the drink dispenser told him 
that was the talk and encouraged him. A Northern radical who 
could whip any man south of the dividing line was encouraged 
in the same way by the Abolitionist. All manner of talk was 
acceptable, but the line was drawn, Mr. Rice says, when trouble 
broke. Then the offender, regardless of politics, was sent down 
the stone steps at the south entrance to the basement 

Lincoln Stopped There. 

Many notable men were entertained at the Planters ' House. 
Stephen A. Douglas made his Kansas territorial speech from the 
balcony of the hotel. Abraham Lincoln was a guest there when 
he came west later, but he spoke in the old Stockton hall. 

While in Leavenworth a few months practicing law, William 
T. Sherman, afterwards the famous general, and Thomas Ewing 
stopped at the Planters'. One of the things, aside from getting 
little legal business, that disgusted General Sherman with Kan- 
sas, was the way the elections were conducted and political ques- 
tions discussed around the hotel. General Sherman and Jim 
Williams, who prided himself on having been the colonel of the 
"Fighting Niggers," rescued a fugitive slave from some Missouri 
border ruffians, and he was convinced at once that he was not 
cut out for political or social leadership in Kansas, and he left 
soon afterwards. 



166 Early History of Leavenworth City and County. 

Mr. Rice says that often it seemed as though there was noth- 
ing but pontics in the territory, and no discussion was started 
that did not end at the Planters'. A Hke condition prevailed in 
regard to fights. If one was started on Fifth street it was con- 
cluded at the Planters' where a crowd would gather to see it out. 
In the winter, times were lively; trappers, wagon train men and 
people from the surrounding plains gathered in Leavenworth 
and elections were held on the slightest pretext, often merely for 
the attending excitement. 

Rescue of a Fugitive Slave. 

One of the most exciting incidents in the history of the 
Planters' House was the capture and liberation of Charley Fisher, 
a slave who ran away from his master in Kentucky. Fisher was 
employed in the Planters' House barber shop when a Pro-Slavery 
man who knew that he was a runaway, notified his master and the 
latter came on from Kentucky to take him back. Fisher was 
arrested under the fugitive slave law and hot blood arose at 
once between the Abolitionists and Southerners. The Abolition- 
ists refused to allow Fisher to be placed in jail pending a hearing 
before a United States commissioner. After much parleying, it 
was agreed that two Abolitionists and two Pro-Slavery men should 
guard Fisher in a fourth story room in the Planters' house until a 
hearing could be had. At 1 o'clock in the morning of the first 
night a dozen Abolitionists entered the hotel to take Fisher away. 
The guards refused to give Fisher up and barricaded the door. 
Not to be outdone the Abolitionists battered down the door and 
the barricade and then Fisher refused to go with them. 

There was high feeling the following day and threats were 
made that unless Fisher was surrendered the hotel would be 
burned. 

The old "Kickapoo" cannon whose history and capture I 
will give at the proper time was brought out and placed in front 
of the Planters' House and unlimbered, and to protect the prop- 
erty, Fisher was hurried away secretly, under guard. During the 
recess in Fisher's hearing before the commissioner the next day, 
the United States marshal, Jas. MacDowell, was called to the 
rear of the court room and the prisoner was hustled down stairs 
and away in a buggy at hand for the purpose. He was not re- 
captured. 



Incidents of the Planters' House. 167 

Captain Tough Stopped the Fight. 

A notable night at the Planters' was the joint debate between 
Governor Ranson and Mark Parrott. Great preparation was 
made for it, and instead of speaking from the balcony of the hotel 
a special platform was put up. Mr. Rice did not like the plat- 
form idea^ feeling that the lumber might be used for another pur- 
pose before the night was over. In this he was right. Parrott 
opened the debate and there was turbulance during his speech, 
which was fiery, and in closing he worked his partisans up to a 
high pitch. Shortly after Governor Ranson began speaking, a 
rush was made and the platform was broken down and torn to 
pieces. The doors and windows in the lower part of the hotel, 
or bar-room side, were smashed and a fighting mob took posses- 
sion. Captain Tough, who had a record in those days as a fighter, 
and who was, until his death, a well known resident of Kansas 
City, was stopping at the hotel. Mr. Rice had asked the Cap- 
tain to remain near the hotel that night, as he feared the debate 
might end in a "rough house." When the melee was at its height, 
Captain Tough, who had been sleeping in his room, slid down 
the banister, a pistol in one hand and a long knife in the other, 
and called out, "Stop instantly or I'll make this a slaughter pen." 
The Captain's words calmed the warriors and they left the place 
in haste. 

During the winter of 1862 a number of officers recruiting for 
the Second Kansas regiment were at the hotel. Nearly every 
night for a week pistols and boots were stolen from their room, 
which was No. 27. A negro porter was finally caught in the act 
and it was decided to give him a bad scare by pretending to hang 
him. Placing a rope around the boy's neck they fastened the 
end to a lamp hanger and stood the boy on a table. One of the 
soldiers, contrary to the programme, kicked the table from under 
the boy, who fell nearly to the floor, stiff and unconscious. The 
soldiers thought that he was dead and concluded to dispose of 
his body under the ice in the river. Mr. Rice met them carrying 
the negro down stairs wrapped up in a sheet, and asked them 
what they had. They replied, "a dead nigger." In going down 
the high stone stairway on the west side of the hotel the soldiers 
slipped and fell and the jar brought the boy back to conscious- 
ness, thereby saving his life. 



168 Early History of Leavenworth City and County. 

Cy Gordon. 

While the war was in progress, the proprietors had much 
trouble with Cy Gordon's guerrillas. The river was not as wide 
then as now and Gordon's band would gather on the sand bar 
and shoot at Colonel Anthony's building and the Planters', often 
breaking windows. When the guerillas were around, guests were 
not put in the east rooms. 

The Denver Tragedy. 

Another wild night at the Planters' was when a mob of Leav- 
enworth Germans tried to lynch a man named Gordon who had 
murdered a German in Denver. The murdered man belonged to 
a secret society and members of the same society in Leavenworth 
decided to take the law into their own hands. Gordon had been 
arrested by Sheriff Meadows of Denver and the officer was aboard 
an overland coach with his prisoner when the mob cut the traces 
and tried to take Gordon. Meadows resisted and finally got his 
prisoner back to the Planters' House where he was guarded during 
the night by a committee of fifty citizens. 

Death of Dan Smith. 

The last tragedy at the Planters', was the killing of Dan 
Smith, a brother of Len T. Smith, one of the proprietors of the 
hotel, by Lattin, on March 17, 1879. The men quarreled over a 
horse and began to fight. Smith used a hatchet while Lattin 
had a pistol. Smith was shot in the breast and Lattin was cut 
in two places. Lattin was a brother of a former mayor of Leaven- 
worth. After an exciting trial he was acquitted. 

But if there was occasional fighting around the hotel there 
was also plenty of fun. A couple of stories concerning the early 
day proprietors were printed in an Eastern paper about fifteen 
years ago. Here is the first one: 

Old Time Sport. 

"We landed in Leavenworth in 1866," says Colonel Weldy, 
of the Galena Republican, in a reminiscent way, "and secured 
employment with the Kansas Stage Company, whose office was 
under the Planters' Hotel, at that time a hostelry for your 
whiskers, and under the management of the big three, Jep Rice, 



Incidents of the Planters' House. 169 

Len Smith and John Lamber — took second place to none in the 
West. As we recall that day we smile in contempt at the would- 
be sports of this day. Here is a sample of the way Jep Rice 
played them: He owned a pair of steppers that would cash for 
a thousand and a half any day. He harnessed them to a rig in 
harmony with the team and took an Eastern friend, who was his 
guest, for a drive to the fort. On the way back — remember this 
was after they had spent a few hours with the officers at the fort — 
Jep was bragging about the jumping qualities of his team. Said 
he, 'they can clear that eight rail fence (there were rail fences 
along the government reserve in those days) as slick as scat.' 

" 'Impossible/ said his friend. 

" 'Don't believe it, eh?' said Jep. 'Well I'll prove it,' and 
heading the team for the fence, perhaps a hundred yards distant, 
he plied the lash and they struck that fence at a forty mile an 
hour gait. The team got over; they leaped into the air and fell 
over, but the buggy caught at the fourth rail. A more complete 
wreck was never witnessed and when the men had extricated 
themselves, Jep turned to his companion and with characteristic 
coolness said, 'Well, by gosh, that is the first time they ever failed, 
must have had their heavy shoes on.' 

"Expense cut no ice when the old Leavenworth gang started 
in to play a joke." 

An Easterner and a Mule. 

Here is the other: 

"Jep owned one of the finest saddle horses in the country, 
but the horse could not stand the sight of a mule. One day Rice 
invited an Eastern friend to accompany him to the fort and 
mounted him on his horse while he rode another. While at the 
fort, Jep fixed it with the officers and when ready to start home 
the orderly informed him that his horse was too lame to travel. 

" 'Well lend me something to ride,' said Jep. They could 
find nothing except a mule. 

" 'That'll do,' said the joker. He told his friend to ride on 
slowly and he would overtake him. 

"When he was well out on the road, Jep came plunging along 
on his mule. The horse gave one glance and almost shot out 
of his hide. At the first lunge the bridle reins broke and the rider 



170 Early History of Leavenworth City and County. 

grabbed the horn of the saddle with both hands. Jep kept a com- 
ing, yelling like a Comanche. 

" 'Stop, Jep!' yelled his friend; 'don't you see I've got no 



rems 



" 'Don't make a bit of difference with the horse/ said Rice, 
he's the best saddler in the state. You don't need any reins. 
He'll get you there.' 

"The horse passed down Shawnee street, then one of the prin- 
cipal business thoroughfares, on his way to the barn. Hat off, 
hair flying, both feet out of the stirrups, knees hugging the side, 
the Eastern friend was a picture. By the time he had dismounted 
Jep was there and with a devilish look of pride said, 'Ain't he a 
daisy of a saddle horse? Don't need any saddle or bridle with 
him.' " 



CHAPTER XXXI. 



Hotels of Leavenworth In Early Days — Continued. 

EARLY in the spring of 1856, Keller & Kyle, having leased 
the old Leavenworth Hotel, Mr. Kyle returned to Weston, 
Mo., and. opened up a grocery store there as we have previ- 
ously stated. Uncle George, as we called him, having come to Kan- 
sas to stay with the boys, could not be idle, or out of an active job, 
it was not like his nature, so he soon had another hotel in progress 
of erection, a two-story frame building on the southwest corner 
of Shawnee and Fifth streets. It was named the Keller Hotel 
and was a popular resort for the Free State boys, but the location 
was soon dubbed "Abolition Hill" by the Pro-Slavery rabble. 

In the spring of 1857, Adam Fisher, who had built and was 
occupying a nice two-story frame dwelling house on the north- 
west corner of Fifth and Delaware streets, where the Manufac- 
turer's National Bank now stands, bought out Uncle George Kel- 
ler's hotel and enlarged and improved it to double its former size 
and capacity by building an addition on the south side three 
stories in height and extending back to the alley. He changed 
the name to the Fisher House. Mr. Fisher kept the hotel in 
good style for a year or two and then leased it to a Mr. Parry, 
who had formerly kept a hotel at Bean's Lake, a few miles north 
of Weston Mo., which was a great fishing and hunting resort in early 
days. Mr. Parry changed the name of the hotel to the Parry House 
and it so remained, until it was bought by Capt. M. H. Insley and 
Mr. Kiser, when the name was again changed to the Mansion House, 
which latter name it retained until it was destroyed by a fire a 
number of years afterwards. The site is now occupied by the 
O'Donnell Block. 

Shawnee Hotel. In the summer of 1856, Miles Norton, a 
capitalist, a brother of Dr. Norton and the father of Mrs. George 

171 



172 Early History of Leavenworth City and County. 

A. Eddy, and Mrs. Eph. Gregory of this city, built the Shawnee 
House on the two lots next west of the alley on the north side of 
Shawnee street, between Main and Second streets. That was a 
hill before Shawnee street was graded down some 18 to 20 feet. 
Messrs. Wm. Ferrell and E. L. Berthoud, his son-in-law, a civil 
engineer, who afterwards went to Colorado and became quite 
celebrated as the discoverer of a new pass through the Rocky 
Mountains, known as "Berthoud's Pass." The Shawnee Hotel 
was kept in first-class style and was very popular with 
the more moderate Pro-Slavery people and the liberal Free State 
citizens. It was a rival in popularity to the Planters' House. 
The writer of this was ma,rried in the parlors of the Shawnee 
Hotel, September 15, 1857. 

The grading of Shawnee street some years afterwards, left 
the hotel perched on a hill, and that incident shortly ended its 
career as a hotel, and the grading of the lots finished it. Part 
of the hotel was standing twenty-five years after the above 
marriage of the writer. On the 15th day of September, 1882, he 
and his wife went and stood beneath the same arch, between the 
parlors, where they stood twenty-five years before, the evening 
they were married. Most of the old hotel has been destroyed by 
fire, but a small portion of it, two or three rooms, is still standing 
next east of McNally's transfer stable. 

The Rennick House. The name of this hotel was after- 
wards changed to the Brevort House. It was built in 1857 
on the southwest corner of Main and Seneca streets, a large three- 
story frame house, well arranged and convenient, and while it did 
not equal in style or its general appointments or prices charged 
its patrons, it was well kept, a popular hotel and a generous rival 
of the Planters' House with the traveling public and citizens gen- 
erally. It was principally owned, and for a number of years kept 
by Dr. Rennick, for whom it was named. In course of time 
its ownership changed, it was remodeled and rehabilitated, and 
the name changed to the Brevort House, and it became more 
of a family hotel. The postoffice, when old man Schroeder was 
made postmaster under President Buchanan, was moved into a 
brick building adjoining on the south. The upper stories were 
used as a part of the hotel. It was finally destroyed by a dis- 
astrous fire which swept from Seneca street down Main street. 



I 
V 

i 
Hotels. 173 

almost to Shawnee street. A number of valuable buildings M-ere 
burned, none of which were rebuilt, and that half of the block 
is still unoccupied. 

The Woodward House. This house was built in 1858 or 
1859 on the northeast corner of Fourth and Seneca streets. Its 
name was afterwards changed to the Morris House and again 
changed and now known as the Washington House. Of late 
years it has been kept more as a first-class boarding house than 
as a hotel for transient customers. 

The Pennsylvania House. The original hotel of this name 
was built in the fall of 1856, or spring of 1857, on the northwest 
corner of Main and Cherokee streets, and was burned down in the 
fire which swept from Delaware to Cherokee street on the west 
side of Main street. A house by the same name was afterwards 
built on the north side of Shawnee street, between Second and 
Third streets, on the present site of the Wilkins Hotel, or the 
adjoining lot on the east. It was kept by old man Baker and 
was quite a popular hotel and boarding house in those early 
days. 

The Pittsburg House. Another of the old timers that 
flourished in those days, was built on the third lot south of the 
southwest corner of Cherokee street and the Levee or Front 
street, and adjoining that renowned spot in ancient days, as one 
of the rallying points dear to the boys of the Second ward, the 
umbrageous shade of "Shugarues Retreat and Grove." composed 
of two stunted cottonwoods and a leafless sycamore. The re- 
lentless march of progress and the iron grasp of railroads have 
laid waste these poetic scenes of beauty and hushed the 
song of revelry and mirth. Naught is now heard in those sacred 
precincts but the discordant clang of bells and the scream of pass- 
ing locomotives. The busy freight sheds of the Union Pacific 
railway cover the lovely spot once dedicated to Bachus and his 
royal retainers. The Palace of Shugarue and the Hotel de Pitts- 
burg, .presided over by that gay old cavalier. Pap Hancock, are 
among the things that were, the days of their glory have long 
since passed away. 

The Merchants' Hotel. This hotel was built in the summer 
of 1858 by one of the most enterprising, hustling business men of 
those early days of our town. Adam Fisher erected not less than 
eight or ten first-class (for those days) business, dwelling houses 



174 Early History of Leavenworth City and County. 

and hotels in this city from 1S54 to 1861, when he entered the 
Union army and enhsted for the war. The Merchants' Hotel 
is still standing, although it has not been occupied as a hotel for 
a number of years past. It is situated on the south side of Chero- 
kee street, next to the alley between Main and Second streets. For 
a number of years it was used as the office and store-room of the 
Union Stove Foundry, and lately as a store-room together 
with the foundry building as a store and warehouse of the Hel- 
mers Furniture Manufacturing Company. It was a very re- 
spectable building, three stories in height of brick, 25 by 120 feet. 
Mr. Fisher occupied it as a hotel for a number of years. 

The St. Lawrence Hotel. This was another of the old set- 
tlers built in 1857 or 1858 on the southeast corner of Second and 
Choctaw streets. Old man Valient kept it as a boarding house 
for a good many years. It was removed some fifteen or eighteen 
years ago and in its place was erected a portion of the building 
of the Great Western Stove Works. 

Harmony Hall and Hotel. Situated on the northeast cor- 
ner of Second and Choctaw streets, where the Union Stove 
Works building stands now, occupied by the Helmers Manu- 
facturing Company as a warehouse. The hotel part was built 
and occupied in 1855 by the old Swiss, Jean-de-arms, commonly 
called "Old Shon Down," for short by the boys. I never heard 
any other name for him, although I knew him well as a denizen 
of Hell's half acre on the Levee in Weston, Missouri, for twenty- 
five years there and here. He was a royal old duck, of the quack 
variety, shrewd, cunning, artful in his way, unscrupulous, put 
ducats in his purse at all hazzards sort of a cyclops. His hotel, 
or more properly boarding house, always overflowed with a mer- 
chantable class of boarders, whose voting privileges old "Shon," 
with an eye to the main chance, was ever ready, at election times, 
to barter and guarantee to deliver the goods or no pay, cash on 
delivery, to the highest political bidder. The candidate, party or 
principle cut no ice in this mendacious business transaction with 
him, all he wanted was the largest revenue from the deal. The 
sheckels were deposited at so much a head, ballots handed out. 
The venal hirelings approached the voting booth in two or three 
squads at different times, lined up in military style by the old 
buck, tolled off, tally kept as they exercised a freeman's privi- 
lege, a glass of beer before they started, and one on their re- 



Hotels. 175 

turn, fully satisfied all their personal interests in the matter. 
Old "Shon Down" pocketed the mint drops, and the deal was 
closed, until next opening day, six months hence. So wagged 
the election world in those free and easy days. Times were pros- 
perous, money was plentiful, and old "Shon" was soon able to add a 
large frame building in the rear of his hotel, two stories in height, 
24x75 feet in length, dining room and kitchen below and dance 
hall above; and this was "Harmony Hall," where the lads and 
lassies from the faderland, often met and whiled away many a 
pleasant hour in the waltz and gallop to the soul-inspiring music 
of old man "Whitehair's nice little German Band," with a big 
bum-bum. Alas, alack, a day. Fire, that fell destroyer, one 
unlucky night swooped down upon poor old "Shons" palace and 
hall-de-joy and naught was left to mark the spot but a few foun- 
dation stones. "Sie transit gloria mundi." Old "Shon" and 
his son-in-law, John Jordan soon gathered up the frayed out 
webb and woof of their fortune and with their families retired 
to the knobs and hills of Platte county, Missouri and bought a 
woodland farm, where they flourished for a season hauling wood to 
the city. Some years ago the whole outfit crossed the "divide," 
except the widow Jordan and one or two children. 



CHAPTER XXXII. 



Early Hotels and Boarding Houses of the City — Continued. 

44 1 ^ QQ^ Jake's House." Another interesting old timer was 
J^^ "Poor Jake's House/' so called, situated on the south- 
east corner of Main and Choctaw streets, opposite the 
present Union Pacific ra Iroad freight office and warehouse. Old 
man Jacob Stroble built and kept the house for a number of 
years. He was one of the city dads for two years and a nice old 
specimen of the genius law giver he was too, so Dutchy with beer 
and bologna sausage he could not see well after four o 'clock p. 
m., but batted his eyes like a toad catching flies, nor could he 
speak a dozen words of English when first elected an alderman 
from the Second ward. His nomination was looked upon as a 
good joke, but Jake was in dead earnest, and when the ballots 
were counted out, old Jake was at the front with both pedals, 
he passed under the wire a neck ahead. 

Jake kept a daisy of a hotel for a time; it was a sort of double 
ender, with two fronts. The east one on the Levee, with 
a gatling gun attachment and the west one on Main street with a 
long tom extension, with an open piazza on the south side, 
above and below mounted with rapid firing guns and a retreat 
on the north by the basement, onto Choctaw street. But death, 
as it is said, claims a shining mark. One of its darts, one day or 
night, (I forgot which) struck the old snoozer betwixt midships, 
he passed in his chips and a great light was suddenly snuffed 
out. The hotel soon ceased to flourish as such, became a resort 
of a low order, and eventually the building was removed. 

The Railroad Hotel. Another hotel of no small or mean 
pretentions in its day and well kept and popular with the railroad 
people in those days was called by the above name, owned and 
kept by Dougherty & McCrystal, near the southwest corner 

176 



Hotels. 177 

of Walnut and Main streets, fronting the old passenger and freight 
railroad depot As old Col. Peter McFarland, the great wit and 
humorist, used to say, in those days when in one of his happy 
moods, "lets go down to the Patch and see our old friends Dough- 
erty and McCrystal whose Ducal Palace stands on the banks of 
the 'Blue Shannon.' " The Patch, as the Colonel called it, was 
bounded on the north by Three Mile creek, on the east by Main 
street, on the south by the "Blue Shannon" and on the west by 
Second street. The "Blue Shannon," as he called it, is a little 
muddy stream meandering down a ravine which has its rise near 
Fourth avenue and Spruce street, crosses Sixth back of the 
English Lutheran church, and like the Rhine, was in those days, 
fed by numerous crystal springs from whose limpid fountains the 
old Frenchman, Arlaud, supplied the denizens of South Leaven- 
worth for years with pure spring water at so much a barrel. This 
was long before the modern days of waterworks. Thus, by 
numerous springs increased in volume, the little stream flowed 
on through Ireland, passed the calf pen of Mrs. Ryan, the pig stye 
of O'Brien, and the beautiful goose pasture of Mother Cavenaugh, 
from Shugarue to Donahue it crossed in a stone culvert under 
Second street, flowed past the Ducal Palace, above mentioned, 
and mingled its pearly flood with the murky waters of the Missouri. 
The Patch, above referred to, is now occupied by the numerous 
tracks, turntables and round houses of the Union Pacific rail- 
way. Most of the former dwellings and stores with wh ch it was 
occupied have long since passed away. It was the busiest busi- 
ness spot in the city in the days of which we write. 

The Leavenworth House. The Second ward was prolific 
in hotels in those early days. Some of them are still standing and 
flourishing, but not in all their pristine glory and purity. The 
above hotel was first opened and owned by Michael Pryzyblowicz, 
afterwards for many years the proprietor and mine genial host of 
the Continental Hotel, the name having since been changed 
to the Hotel Imperial, on the northwest corner of Fourth and 
Cherokee streets. Mike kept the Leavenworth House for a 
time, and sold it to John Wiseman. It did a large business and 
was very popular for years, but of late, since Wiseman left it, it 
has declined. 

The Commercial Hotel, situated next door east of the above 
hotel, so long owned and kept by Emil Wetzel and now bv his 



178 Early History of Leavenworth City and County. 

widow, still flourishes in all its former German boarding house 
purity and grandeur. They are both located on the north side of 
Cherokee street, between Second and Third streets being numbers 
216 and 218 Cherokee. 

The Second Ward House, immediately opposite, across the 
street from the Commercial Hotel, on the south side, for years and 
years long agone, flourished with great success. The Second 
Ward House, the lordly domicile of Hon. William Cranston, whose 
political coat was hke Joseph's of old, of many colors, was a po- 
litical "Joe Dandy" indeed, at one time a bright and shining light 
in the alderman's firmament of the city. But like other great men 
in those days, he burned the candle at both ends, and it in time 
flashed out, and when the tallow dip went out, the hotel soon 
closed up. 

McCarthy Hotel. But the spot dear to every true Irish heart, 
especially those lads of the Second ward, was honest old Timothy 
McCarthy's Hotel. It stood on a piece of the "ould dart," 
a bog of the green isle. The shamrock and the black thorn flour- 
ished there. It was the rallying point for the gay lads from Lim- 
erick and Cork, the jolly boys from Dublintown and the Lakes 
of Killarney, the Douglas peddler from Galway and the driver 
of the little black steers from Kerry; all were welcome to drink 
a flowing poteen of genuine old "Tamarack," McCarthy's best 
brew, and smoke a Dudeen with jolly old man McCarthy. The 
polls of the Second ward were always held there in those days ; 
and the slogan was "Dinman and Liberty." "Tim Shugarue and 
Victory." A Democratic convention for either city or county 
would not be properly represented from the Second ward, for 
over twenty years prior to his death, that did not have Tim Mc- 
Carthy's name at the head of the delegation. But all things 
earthly have an end, and so did, in due time, the Hotel McCarthy; 
it closed as its jolly old boniface had crossed the dark river to the 
better land. 

St. George Hotel. Another old land mark of early days, 
rich in memories of the past, the old St. George Hotel, which 
for many years occupied the rear hundred feet fronting east of 
the lot in the northwest corner of Second and Delaware streets. 
It was perhaps more of a German than an English or American 
hotel. Its proprietor was a German, and the prevailing language 
spoken among its employes, visitors and patrons was the Ian- 



Hotels. 179 

guage of the faderland. All were, however, welcome to share 
its genuine hospitality and the pleasant and bountiful environ- 
ments of a first-class and liberal hostelry, clean and well kept. 
Among the early settlers the name of genial Dr. Knoph and Col. 
Haberline, each editor in turn of the German Free Press. Col. 
Hass and other kindred spirits, oftentimes resorted there to 
while away a pleasant hour in social converse and merry song 
over a foaming bowl of pure Gambrinus nectar, fit drink for the 
"Gods on Olympus golden heights." But all these scenes and 
their actors have long since passed away together with the old 
hotel which finally gave up the ghost under the incubus of a 
"Douglas tax title." Naught now remains to mark the hallowed 
spot but a fleeting memory of other and better days, and a yawn- 
ing sepulchre of blasted hopes and fond remembrances. 

The Balensloe House. In passing in review these old land 
marks, I must not overlook one, that in other days long since 
passed, loomed up in all its martial grandeur, as the pole star of 
the Fourth ward, the long to be remembered and fondly cherished 
Balensloe House. The baronical castle of that warrior and 
statesman, Capt. John J. Murphy, situated on the northwest 
corner of Seventh and Kickapoo streets. Of the days of which 
we speak, this castle was to the lads of the Fourth ward, similar 
in like respects to McCarthy's Hotel in the Second ward. The 
rallying spot for the clan from the "Ould Sod," to meet and regu- 
late the political affairs of that ward, a sort of Tammany Hall, 
and Capt. John w^as the big chief, tried and true, and whenever 
duty called him to a seat in the council of the city fathers, he 
was always at the fore. 

Among his other special qualifications, he was an economic 
statesman of rare ability, in that behalf, we call to mind an in- 
stance that occurred while he was a member of that illustrious 
body of combined wisdom, and old Jake Stroble and some of 
equal calibre, were also stars of the first magnitude in that galaxy 
of great lights. The subject of the building of a new city jail was 
under discussion; Capt. John J. arose in his place and said: "Mr. 
Mayor and gintlemen of the Council, I am decidedly in favor of 
building a new jail at once, and to save money and time, I move 
(if I can get a second to my motion) that we build the new^ jail 
on the present site of the ould jail, and that we use the bricks of 
the ould jail to build the new jail, and that we leave the ould jail 



180 Early History of Leavenworth City and County. 

standing while we build the new one; and that we let my friend, 
Michael Jordan have the contract to build the new jail and Coun- 
cilman Hon. Jacob Stroble will second my motion." It is hardly 
necessary to state that the motion did not pass in that shape. 
The old hotel still stands, although the gallant captain has long 
since passed to the rear. There may have been other hotels of 
early days in the city which have escaped our memory, if so, it 
is simply an oversight. Of course we are not speaking of the 
hotels in our city at the present day. 



CHAPTER XXXIII. 



The Newspapers of Leavenworth. 

THE newspaper enterprise in Leavenworth, since its first settle- 
ment, has perhaps been the most remarkable of any city in 
the West. The first paper started in town (as we stated 
before) was the Kansas Herald. It was originally owned and pub- 
lished by William H. Adams. About six weeks after its first pub- 
lication. Gen. L. J. Eastin purchased an interest in the same and 
became its editor. He was a gentleman of superior ability in the 
newspaper business. He was engaged in the same business in 
Chillicothe and Glasgow, Missouri, until his death, about ten years 
ago. As an editor he ranked second to none in the West. He 
was a sociable and agreeable gentleman with all. The Herald 
was intensely and consistently Pro-Slavery in its polities during 
the early troubles in this state. It afterwards passed into the 
hands of W. H. Fane, United States marshal, with Maj. C. W. 
Helm as editor; then R. C. Satterlee, who was afterwards killed 
in the city. It was then merged in the Inquirer, edited by B. B. 
Taylor, and in October, 1861, it was destroyed by a mob. 

The next paper started was the Territorial Register, Na- 
tional Democratic, owned and published by Severe & Delahay, 
in the frame building next east of the late Tanner's apple depot, 
on the south side of Delaware street, between Second and Third 
streets. It was afterwards moved to the southeast corner of 
Second and Cherokee streets, upstairs. Colonel, late Judge M. 
W. Delahay, was the editor. It was strongly Free State, 
with conservative tendencies. After a lively existence of a 
few months, it was buried in the Missouri river on the night 
of the 22nd of December, 1855, by the Kickapoo Rangers, 
a company of men from that town. The next paper published 
in the town was the Journal, which started as a conservative, 
moderate Pro-Slavery journal, edited by Col. S. S. Goode, a gentle- 

181 



182 Early History of Leavenworth City and County. 

man of fine abilities. It was not a paying investment from the 
start, as it was opposed to the Herald and its friends. Col. Jack 
Henderson edited it for a short time. After a short and rather 
sickly existence, pecuniarily, it passed into oblivion as a tempor- 
ary evening paper. About this time Gen. Geo. W. McLane started 
the Young America, independent in politics, but inclined to Free 
State. It was one of the liveliest papers ever published in the 
West; as McLane said, it was "red hot." It had its day, and was 
finally merged into the Daily Ledger, the first daily published 
west of St. Louis, September 1, 1857. But all good things on 
earth have an end, and so the Ledger gave up the ghost and was 
buried with its brothers; it died game, and fell with its feet to the 
foe. The next paper published here, if we mistake not, was the 
Weekly Times, which was started in the summer of 1857, owned 
first by a stock company, and edited by Judge Robert Crozier. 
It then passed into the hands of Vaughan & Bartlett, and edited, 
in part, by David Baily, Esq. ; afterwards by old Col. J. C. Vaughan 
and his son. Gen. Champion Vaughan. It was decidedly Free 
State from the start, and wielded a powerful influence, as it was 
ably and fearlessly edited. The first number of the Daily Times 
was issued February 15, 1858. It is still in existence, having 
swallowed up two or three other papers. Its late editor and 
proprietor was Col. D. R. Anthony, a man of indomitable energy 
and pluck, now deceased. There was no such word as fail in 
the Colonel's composition. The Times is now owned and edited 
by his son, D. R. Anthony Jr., and is, without doubt, the ablest, 
as it is the leading. Republican paper in the state. 

The first German paper was started here in 1858. In a short 
time Dr. Kopph purchased the paper and started the Kansas 
Zeitung. The doctor was a writer of no ordinary ability. After 
his death. Major Haberlein, one of the ablest and most versatile 
German writers in the West, in 1869 started the Frie Presse. 
After his decease the mantle of their worthy father rested with 
honor upon the shoulders of his noble and energetic sons, who 
continued the publication of the paper with credit and ability. In 
the spring of 1859, Frank Barely edited and published for a short 
time in this city, a French paper. Its name, if we mistake not 
was The State of Kansas. It was not a success, pecuniarily, al- 
though edited with considerable ability. 



Newspapers. 



183 



The next paper started after Dr. Kopph's German paper, 
was we believe, the Evening Bulletin. This paper was Repub- 
lican in politics, but in opposition to the Times. It was first 
owned by a stock company, and then passed into the possession 
of Colonel Anthony, who afterwards merged it into the Conserva- 
tive, which was also a Republican paper, started about the same 
time as the Bulletin, and also in opposition somewhat to the 
Times, which was not radical enough to suit the wants of a cer- 
tain class of politicians. 

The Conservative was 
started and edited by that 
brilliant and caustic writer, 
D. W. Wilder, formerly au- 
ditor of the state of Kan- 
sas, and author of the "An- 
nals of Kansas," now a 
resident of Hiawatha, Kan. 
Mr. Wilder continued the 
publication of the Conserv- 
ative till he was elected 
auditor, as above stated, 
when he sold it out to 
Colonel D. R. Anthony, 
who published it in con- 
nection with the Times, as 
the Times and Conserva- 
tive. About the time of the 
first publication of the 
Bulletin (the precise date is not material) Prescott & Hume com- 
menced the publication of the Leavenworth Commercial, a daily 
and weekly journal, and Democratic in politics. This paper was 
also ably edited and soon became the leading Democratic organ 
west of St. Louis. Mr. Hume, late of the Journal, a genial and 
able writer, sold out his interest in the paper to his partner, who 
continued its publication about three years longer, when he sold 
it to Colonel D. W. Houston, who changed it into a Republican 
paper and continued to run it about eighteen months, when he 
sold it to Colonel Roberts, of Oskaloosa, Kansas, who, after run- 
ning it a few weeks, gave it into the hands of Clark, Tillotson & 
Legate, and from whom, in a very short time, it was taken by 




184 Early History of Leavenworth City and County. 

Colonel Anthony, who published it a few months as an evening 
paper. Thus Colonel Anthony has finally swallowed up four 
newspapers in succession, which would surfeit any ordinary man, 
but the Colonel appeared to thrive on newspaper diet. The 
Evening Call was also started shortly after the demise of the Bulle- 
tin, by J. C. Clark & Co., and was a live paper from the start. It 
was suspended, when Clark & Co. bought into the Commercial. 
The Daily Appeal, published by Emery & Co., was started about 
this time, and continued as a lively little evening sheet until 
changed into a weekly. On the twenty-second of August, 1877, 
J. Edward Ewing (as conductor), and Frank Hall (as engineer), 
bought out, and published the Weekly Appeal as an independent 
paper. Dr. J. J. Crook started the weekly about 1866. It was a 
fair paper, but limited in circulation. The doctor issued a daily 
evening edition a few weeks and then closed up entirely. 

About 1875 a temperance paper was started here, but not 
meeting with success, was transferred to Lawrence. The Kansas 
Farmer was published here at one time, edited by Capt. George 
T. Anthony, late Governor of the state of Kansas. 

The Home Record, a small but interesting paper, published 
in the interest of the "Home of the Friendless," is a monthly 
journal, and makes a very creditable appearance. The ladies 
in charge of that institution are responsible for its contents. 

The Daily Public Press, a spirited evening paper, commenced 
its first issue about six months after. Dr. H. B. Horn, editor; Ferd. 
J. Wendell, manager. In due time it gave up the ghost. 

The Evening Commercial was revived a few months, as a 

Democratic paper, by H. M. Moore as editor, and Talbot as 

manager. Although a good paper, it suspended for want of 
means to purchase the telegraphic franchise, only $6,000. The 
next venture in the newspaper world in Leavenworth (except 
the few issues of the Kansan, changed to the Cosmopolitan, by 
Louis Weil, a few weeks after) was the Evening Ledger. The 
first number was published on the 17th of October, 1877, by 
Frank Hall and J. W. Remington. It was a spicy little sheet, of 
the Democratic persuasion. It passed over the divide like so 
many of its predecessors and was buried in the tomb of the 
Capulets never more to be resurrected even by Gabriel's horn on 
Resurrection morn. 



Newspapers. 185 

The next newspaper venture, if I remember aright, was the 
Daily Standard. Was brought here by Ex-Senator Ross 
under the auspices of a syndicate of leading Democrats of this 
city, and established in 1870, with Senator Ross as editor and 
Frank T. Lynch as manager. It flourished for about ten or 
twelve years and was ably edited and managed and for a time 
exerted a large and powerful influence in the city and state. It 
was consolidated with the Daily Evening Press and issued as a 
morning paper. After a time Senator Ross moved to New Mexi- 
co and Frank Lynch became its editor and part proprietor. Mr, 
Lynch died very suddenly, and shortly after. Col. D. R. Anthony 
succeeded in getting possession of a majority of the stock and 
moved it over to the Times office building, when Fred Steer un- 
dertook to run it as an evening paper under the wing of the 
Times. It was not a success and soon gave up the ghost. Be- 
fore its final demise, a syndicate had established another daily 
paper, called the Chronicle with R. M. Ruggles, as editor. For 
a time it flourished like a green bay tree, it was ably edited and 
red hot politically and sometimes personally. In time its manage- 
ment became too expensive for its income and Col. Anthony get- 
ting control of a majority of its stock, turned its toes up to the 
daisies. Sometime prior to the last above episode the Tribune, 
a German weekly paper had been started by Capt. Metcham, 
or perhaps it was a revival or continuation of a former German 
paper; it was a success from the start, as the large number of in- 
telligent Germans in this city and vicinity rendered its publica- 
tion practicable and remunerative. It was finally purchased 
by Mr. Kuranor who is now publishing it in this city. It is 
an excellent paper, ably edited and has a good circulation. On 
the demise of the Chronicle, N. B. Perry, the city editor of that 
paper, and for years previous employed in hke capacity on 
the Standard, established the Union, an independent jour- 
nal, strongly favoring the cause of labor unions. Mr. Perry was 
an able and versatile writer, popular, outspoken in what he be- 
lieved to be for the best interests of the city and the people gen- 
erally. He died very suddenly a few months ago and with his 
decease the paper was discontinued. 

The Labor Review, the organ and official paper of Trades 
and Labor Council and affiliated Trades Union. It was started 
in 1902, It is published by Geo. Davis under the auspices of 



186 Early History of Leavenworth City and County. 

the above council, and edited by J. F. Conner, Esq. As its name 
indicates, it is devoted almost exclusively to the cause of labor 
and the upbuilding of labor unions in this city and throughout 
the country. It is ably edited and a strong exponent of the best 
interests of the laboring man and woman and a strenuous ad- 
vocate of the labor unions, and bitterly opposed to what it is 
pleased to call scab labor. It is liberally patronized and it is to 
say it has come to stay. 

The Kansas Churchman. The official organ, (if I may be 
allowed the expression in reference to a solely religious news- 
paper) of the Episcopal Bishop of the diocese of Kansas, at all 
events it is the representative of the church's best interests in 
Kansas and the West. It is at present published in the city, and 
edited by the Rev. F. U. Atkin, the gifted and popular rector of 
St. Paul's Episcopal church. Although it is in its thirty-second 
volume, it has not been published or edited here only a year or 
two past, since Rev. Atkin took charge of it. He has imparted 
to it a portion of his own energy and ability, in other words it 
has been born again, and is now one of the best, if not the very 
best and most readable religious journal published in the West. 

The next newspaper venture was the Advertiser pub- 
lished for a short time by Capt. McMechan of the German Print- 
ing Co. In due time Fred Jameson purchased it, and changed 
the name to the Western Life, and truly its name was well 
chosen, for from the issuing of its initial number, it has been a 
live paper. It espoused the cause of the tax payers as against 
the tax dodgers, from the start. Its editor wields a trenchant 
pen, at times it burns and blisters with vitriolic fire, as it claims 
in the best interests of the whole people. It is very popular with 
the farmers throughout the county. From a small beginning it 
has increased its circulation from a few hundred to several thou- 
sand and now has a circulation not exceeded by any weekly news- 
paper in the state and steadily increasing. It simply shows what 
energy and push will do when applied to a live newspaper. 

The last newspaper venture is the Leavenworth Post, a 
daily evening paper published by Jameson and Reid, late of 
Topeka, at the Western Life 's office. It would seem if proper- 
ly and judiciously managed and discreetly edited, it ought to 
fill (so to speak) a long felt newspaper want, as there has been 
but one daily paper published in our city for a long time and that 



Newspapers. 187 

the Leavenworth Times. It would seem that a daily evening 
paper ought and no doubt will succeed. It is well equipped 
with new type, presses, linotype and all the requirements of the 
best newspapers in the state. It has also secured the Associated 
Press dispatches, so essential to the success of any daily news- 
paper. We learn it can command abundant capital for all its 
requirements. 



CHAPTER XXXIV. 



Breweries in the City in Early Days. 

THE first brewery established in the city was built in the fall 
of 1855 or spring of 1856 by Fritzlen & Mundee, under 
the bluff of the South Esplanade about half the distance 
from the north to the south end of the Esplanade near the river. 
It was a two-story stone building about 30x75 feet, boiler house 
attached with a large vault for storing the beer in the rear 
under the hill, cut out of the solid rock, a portion of the vault 
can still be seen. Previous to the erection of this brewery most 
of the beer consumed in the town and vicinity was brought here 
from Georgians' Brewery at Weston, Mo., and large quantities 
of Weston beer continued to be consumed here up to 1861. 
Fritzlen & Mundee continued to run their brewery for a number 
of years, then sold out the machinery and it was turned into 
Wilhite's Flouring Mill, of which I shall speak at another time. 

Kuntz Brewery. The next brewery, if I mistake not, was 
Kuntz Brewery. This was no doubt the largest in the city, it was 
erected under the bluff along Three Mile creek on the south side 
next to what is now Fourth street. The approach to it was from 
Fifth street along under the bluff where the brewery proper stood. 
The large square stone house on the hill above was occupied by the 
family of Mr. Kuntz, who lived in the west side and the east half was 
used as a malt house. In the five immense stone vaults or cellars 
blasted out of the solid rock and extending over one hundred feet 
into the hill to the alley south of the stone building, in which was 
stored the beer, in immense tubs and tierces ready to be drawn off 
into barrels and kegs when properly ripe. The vaults are each 
some 15 to 20 feet in width and 10 to 12 feet in height. They 
are all connected by tunnels, and living springs of the purest 
water flow through them. 

188 



Breweries. 189 

A beautiful grove stood on the slope of the hill, with seats 
arranged, and almost every evening an excellent band discoursed 
sweet and enhvening music from the balcony above. It was a 
favorite place of resort for many of our best citizens during the 
warm and sultry evenings of the summer months. Old man 
Joseph Kuntz died and his widow in time, married his nephew, 
Charles Kuntz, who lacked the skill to manufacture and the finan- 
cial ability to manage the business. He sought to branch out too 
rapidly as the building of the big store and malt house on the 
north side of Choctaw street between Main street and the Levee, 
now occupied by the Union Pacific railroad as a freight office, 
fully showed, expenses were heavy, competition was strong, 
Charlie carried too much sail for the breeze, debts accumulated 
and he was driven on a lee shore. The property was seized by 
creditors and the magnificent business destroyed. Wm. Ferrell, 
Esq., eventually bought the property- It has the finest and best 
equipped natural cold storage fruit vaults and cellars in the 
western country. E. G. and 0. W. Rothenberger now occupy 
the place as a flour and grain store. 

I may not give the following breweries in their exact order 
as they were built and flourished for a time and all passed away. 
One million of dollars is a very low estimate to place upon the 
vast amount of money expended in the construction and operation 
of the several breweries that have been built in this city since the 
first one was constructed up to the present time. The next 
brewery was the John Grund Brewery, built on the present 
site of Chickering Hall on the south side of Delaware street near 
the corner of Sixth street. Henry Foot, Esq., one of the capital- 
ists and most enterprising citizens of the town joined forces and 
capital with Mr. Grund in 1857 and erected a large plant at the 
above location and expended a large amount of money in the 
enterprise. The brewery proper was of brick 48x125 feet, two 
stories high with additions, boiler house, etc. Underneath the 
entire building was a large cellar six feet in depth and still be- 
neath that was a sub-cellar of the same size and depth for the 
storing of beer in reservoirs and huge tanks from which it was 
drawn off in barrels and kegs as required in trade. Both of these 
cellars were walled up with heavy masonry floors of concrete and 
all cemented in the strongest and best possible manner, no ex- 
pense was spared to perfect this great work. In a few years it 



190 Early History of Leavenworth City and County. 

was all abandoned and a new location sought, owing it was said, 
to the fact that the beer did not ripen properly or did not retain 
its rich bouquet as required when brought to the surface for sale, 
cellars not of proper and even temperature, or not properly ven- 
tilated, or water used not as pure as it should be, causes and 
effects fully understood and appreciated by brewers, at all events 
they moved. They first bought out the little Cannon Brewery 
as it was called, which had been built by an old German (I forget 
his name now) about that time, over on the hill on Lawrence ave- 
nue, south of Spruce street and west of Washington Garden in 
what is now Stockton's sub-division. He had a little brewery 
on the west side of the avenue near the ravine with a cellar run- 
ning under the hill and street. This they purchased with a tract 
of land on the east side of the avenue opposite, and erected a 
large stone building some 75x100 feet three stories with basement 
and a large vault or cellar on the east under the hill for the storage 
of beer. To procure pure water they laid wooden pipes under 
ground from the brewery southwest along the streets and high- 
ways to springs at the foot of Pilot Knob Hill below where the 
reservoir of the Water Works company now stands, more than a 
mile distant from the brewery. All these improvements cost 
large sums of money. For a time the enterprise was a success, 
but the hard times of 1859 and the war of 1861 came on, the firm 
had borrowed money largely of Lucien Scott, president of the 
First National Bank, they could not pay principal or interest 
and of course went by the board and the brewery was closed. 
Grund went to Denver, and Foot to Pagosa Springs, Colorado; 
both died a few years ago. The brewery was in due course of 
time abandoned and dismanteled and all that remains to mark 
the spot, is the four stone walls of the big building and a few 
tumble down sheds on the opposite side of the street and a tunnel 
under the same. 

Sometime in 1857, Keim & Werhle started a small brewery 
on or near the northeast corner of Sixth and Choctaw streets 
where Kelly & Lyle's New Era Flouring Mill now stands. Their 
capital was limited at first, but as they were both hard working, 
ndustrious men and practical brewers, they made good beer and 
prospered for a number of years. The war came on, times were a 
little dull, and "big Frank Werhle" as he was called, was among 
the first to enlist in the Second Kansas Vol. Inf. He was a good 



Breweries. 191 

and brave soldier, served out his time and was honorably dis- 
charged at the close of the war and returned to his home. In the 
meantime his partner had kept the brewery pot] boiling slowly. 
Frank came to his assistance; times were good after the war for a 
few years and they pushed the business with increased vigor, both 
were popular and they made good beer and business was pros- 
perous. But alas poor Frank, although a large and apparently 
very robust and healthy man, the seeds of a fatal disease were 
implanted in his system during his four years' service for his 
country, in marching by day and by night, by exposure in camp 
and upon the battle field, young, patriotic, brave and vigorous, 
gave no heed to health or its prudential care, like many other 
gallant and noble young man who went forth in response to his 
country's call he returned with his system fully impregnated 
with the miasma and malaria of the swamps and low grounds 
of the southland. Time and proper want of care of himself ere 
long developed the fatal disease and he laid down to rise no 
more^ his old soldier friends and many others gathered to con- 
sign his body to the silent tomb. After Frank's death the busi- 
ness did not seem to prosper as well. Mr. Keim sold out and 
moved the brewery what there was left of it out to block "T. 
E.," west of Eleventh and adjoining Cherokee street on the south 
in Central sub-division. Part of the block is now used as a 
"garden." The brewery never amounted to much there and 
finally entirely collapsed. 

In 1858 David Block and John Brandon started a Soda 
Water Factory on the southeast corner of Second and Kiowa 
streets. This was a new enterprise and flourished with great 
success. In 1862 M. Kirmeyer bought out Mr. Block's interest 
in the above works and they enlarged the plant and turned it 
into a brewery. A large capital was invested and the company 
prospered and made money for a number of years, until the "Pro- 
hibition folly" supplimented by the "Murray Bill" and the "Met- 
ropolitan Police Law" became rampant. They closed down for 
awhile and suspended further manufacture. A few years ago a 
fire nearly destroyed the old brewery. Since then John Bran- 
don and George Beal have started a brewery on the north side of 
Kickapoo street between Main and Second streets. Quite a capi- 
tal is invested and they are said to be making beer of an excel- 
lent quality and doing a good business. This is the last and only 



192 Early History of Leavenworth City and County. 

brewery in the city. There are several agencies here for the sale 
of Milwaukee, St. Louis, Kansas City and Weston beer, all doing 
well. 



CHAPTER XXXV. 



Flour Mills and Other Mills. 

THE first flour mill erected in the town was built in 1857 by 
Earle & Bunbing, on the northwest corner of Main and 
Short streets. It w^as a brick structure two stories in 
height, 45x100 feet with additions. This was before the days of 
the roller-mills. There were three or four sets of burrs in the mill 
with all the necessary machinery and bolts for making first-class 
flour, which they did. Prior to that time all the flour used in the 
town and vicinity was brought here from Weston and Platte 
City, Mo., or shipped here from St. Louis by steamboat. Owing 
to the scarcity of wheat raised in this vicinity at that time 
and the large capital required to compete successfully wdth the 
mills in Missouri near here and also with the flour shipped in 
here from points below, the mill failed to prove a paying in- 
vestment. The machinery was removed and the milling busi- 
ness abandoned by the promoters of the enterprise. The mill 
building was then occupied for a series of years by 
Woods & Abernathy as a furniture factory. This was prob- 
ably the commencement or foundation of that immense busi- 
ness which has been so successfully developed, and is still 
carried on here, for the past thirty-five years by that ener- 
getic and among the foremost of our enterprising and success- 
ful pioneer manufacturer's Col. J. L. Abernathy. Their business 
rapidly increasing, the firm was obliged to seek a new location 
w th more room to build and operate a larger plant, which they 
did on the northwest corner of Second and Seneca streets. The 
old mill building remained vacant for some years, until it was 
fitted up as a dwelling house and was occupied for a number of 
years as Si"maison de joie." It again became vacant, and when 
the Missouri Valley Bridge and Iron Works, were located here, 

193 



194 Early History of Leavenworth City and County. 

A. J. Tullock, Esq., the proprietor, occupied it as the office of 
his extensive works for some ten or fifteen years, till he removed 
his office to its present location in the Union passenger railroad 
depot, fronting on Main street, at the foot of Delaware street. 
The old mill building having passed through so many trials and 
tribulations and being occupied by such a diversity and some- 
what mixed interests, has at last succumbed to the inevitable of 
all things earthly. It has, I learn, passed into the hands of that 
eminent citizen and distinguished and extensive foreign traveler 
and archologist, Hon. Vint Stillings, who no doubt will pre- 
serve it as a souvenir, perchance among its ruins in later years 
may be found divers and sundry mementoes, of vain hopes and 
lost immortalities. 

The next flour mill was the Wilhite Mill down on the 
river bank between the river and the South Esplanade. It was 
formerly built by and used as Fritzen & Mundee's brewery, as 
before stated. After its abandonment as a brewery it was bought 
by Elijah Wilhite, a practical miller from Weston, Mo., who 
furnished it with first-class mill machinery and operated it very 
successfully for a number of years. Judge M. W. Delahay was 
a partner at the time the mill was accidentally burned. The 
stone walls were afterwards removed by the W. P. R. R. Co., 
and the beer vault in the bank is all that is left to mark the spot. 

The third flour mill erected in the city was the Phillip 
Koehler mill, down on Delaware street, east side near Broad- 
way. It was built about 1865 or '66; it was said to be a most 
excellent flour mill of brick 100x125 feet, three stories in height. 
Koehler was successful for a number of years, but in his anxiety 
to do too much business for his capital, he got too deeply in debt 
and failed. The mill passed into the hands of Hines & Eaves, 
bankers, who operated it for a series of years and then sold it to 
H. D. Rush, Esq., who enlarged and greatly increased its ca- 
pacity, by putting in the new process of roller-mill machinery in 
the place of the old-fashioned French burrs. He also built a 
large elevator near it for storing wheat. He was doing a large 
business and making money rapidly, but unfortunately in an 
evil hour that fell destroyer, fire, the special foe of all mills 
and especially of flour mills, blew its destructive and withering 
breath upon it and it went up in smoke; all that was left of the 
magnificent structure was the towering smoke stack, blackened 



Flour Mills and Other Mills. 195 

walls and the flour store-room. The building has since been par- 
tially repaired and is now occupied as Vogle's Box Factory. 

The fourth flour mill built in the city was Plummer Mill, 
at or near the foot of Kickapoo street, a short distance south of 
where Denton Bros.' elevator now stands. It was built in 1872 
or 73. Plummer ran it a year or two but did not make a bril- 
liant success, and sold it to H. D. Rush, Esq., who put more capi- 
tal and his usual push into the business and of course it prospered 
and made money. But unfortunately fate overtook it, and on 
the 26th of February, 1876, it took fire and was totally destroyed. 
Mr. Rush not to be discouraged by one or even two fires, with the 
indomitable pluck, push and energy of a live western man in a 
short time had purchased of Hines & Eaves the Koehler Mill 
and had it rejuvinated and enlarged and was running it with re- 
newed energy as above stated. 

The fifth flour mill erected in the city was the Havens Mill 
built and operated by A. B. and Paul Havens, on the north end 
of block 1, Clark and Rees addition, just south of the bridge on 
Main street over Three Mile creek; the spot where it stood with 
its elevator and store-house, is now occupied by the tracks, turn- 
table and round house of the Union Pacific railway. The mill 
was a three-story frame building about 45x100 feet, substantially 
built and thoroughly equipped with new and first-class machin- 
ery. It was a success as a flour mill from its inception and with 
the capital, push and energy of its owners and operators, was 
making money and turning out a large supply of first-class flour 
for a series of years. But alas that fire fiend, the special foe of 
all flour and grain mills (especially the "burr stone" mills and all 
others that are not provided with dust collectors and removers) 
laid its ruthless hand upon this great industry and on the 28th 
day of May, 1882, (if I mistake not) in the forenoon, in the 
short space of an hour totally destroyed this mill with most of 
its contents. Mr. A. B. Havens, who was in the mill at the time, 
in his anxiety to save his books in the office, came very near per- 
ishing in the flames so rapid was the destruction. He will carry 
the scars of that eventful and sad catastrophe with him to his 
grave. 

The sixth flour mill built in the city was the White Mill, 
so called, erected and operated by a Mr. White, an extensive and 
practical miller from Minneapolis, Minnesota. It was built in 



196 Early History of Leavenworth City and County. 

1883 on the south side of Choctaw street, near Fifth street. Mr. 
White after operating it successfully sold it to H. D. Rush, Esq. 
It is now known as the Leavenworth Mills of the late Rush Mill- 
ing Co., second to no mill of its capacity for the quality of its 
flour in the entire West. It is now owned and operated by the 
Leavenworth Milling Company. 

The seventh and largest flour mill in the city is the New 
Era Mills, on the north side of Choctaw street near Sixth, owned 
and operated by the Kelly & Lysle Milling Company. This 
great enterprise has no superior in its line, west of the Mississippi 
river. Its far-famed product finds a ready sale all over the west- 
ern country and in the markets of Liverpool and Glasgow. Our 
flour mills are among the leading industries of our c ty and upon 
their white wings bear our fame to every civilized land. 

The eighth and last flour mill built in this city was the 
Cretors Mill on Oak street, south side, just west of Fifth street, 
about 1886. It is a well built, snug little mill, but unfortunately 
located, it should have been located on the line of some one of 
the many railroads which enter our city. The expense of the 
transfer of wheat and flour to and from the mill, was too great 
to successfully compete with other mills and the working capital 
too limited for certain success. After operating two or three 
years the project was abandoned. The mill is now used by the 
Acme Company as a corn meal mill. 

Before closing the subject of our mills I must not overlook 
the Oat Meal mill of S. F. North. This was constructed about 
1880 or '81 at the northeast corner of Main and Delaware streets 
on the former site of the large wholesale grocery house of Car- 
ney, Stevens & Co. A mill of this kind was a new feature in 
the milling business of this section. The mill was fitted up with 
the most improved machinery. Its product was of the very 
best quality. It was a success from its inception. But alas 
its prosperity was of short duration; it was soon brought to a 
sudden and untimely end. Mills in those and preceding days 
in this city seemed to be the especial favorites or perhaps, more 
properly speaking, the victims of the fire fiend. It had been in 
operation but a few years, when about noon one day, it sud- 
denly and without a moment's warning, in some unaccountable 
way, took fire, every part of the structure seemed to be on fire at 
once. The impenetrable dust (as it is called) which was ever 



Flour Mills and Other Mills. 197 

present in the building was like tinder, the flames spread with 
lightning rapidity. The fire engines were soon on the ground 
but the brave men were powerless to save the building or even 
stay the flames, and in less than an hour all that was left of the 
stately structure was a portion of the blackened walls that were 
not thrown down by the explosion. Nothing of much value was 
saved from the wreck, it was a total loss and was never rebuilt. 

Woolen Mill. 

It perhaps may not be out of place in this connection if I 
refer to another mill or factory to which my mind reverts al- 
though of a different kind entirely from those above referred to. 
I allude to the Leavenworth Woolen Mills. A quite extensive 
plant for those days, which was erected in 1857 on, I think, block 
10, Central sub-division, on the west side of Railroad avenue 
on the west bank of the creek and immediately in the rear of the 
then Delahay, now McGonigle tract of land fronting on Broad- 
way. Judge L. N. Latta and W. H. Hastings were the pro- 
moters of the enterprise. It flourished quite extensively for a 
number of years and was a success, in the quantity, quality and 
variety and sale of the products of its looms. But in this in- 
stance as of that of so many mills in those early days, it took 
fire and was destroyed and there being no insurance obtainable 
at so early a period in our city, it was a total loss and was never 
rebuilt. 

The Leavenworth Carpet Mills. This company was or- 
ganized and commenced work on a small scale at first, in 1870. 
In 1871 it increased its capital stock and built a large and quite 
an extensive plant, 45x125 feet, five stories high in the rear and 
four in front with additions on the south side of Choctaw street 
where the Leavenworth Bag factory now stands. A large 
quantity of first-class products were turned out annually and the 
enterprise, a though the first of the kind west of the Mississippi 
river, bid fair to prove a financial success to the entire satisfac- 
tion of ts promoters. It prospered for a series of years until 
a most unfortunate and unexpected catastrophe befell it. In 
the early morning of the 24th of May, 1876, a small cyclone, the 
first and last that was ever seen or heard of in this vicinity, de- 
veloped about Pilot Knob and passed down the south fork o 
Three Mile creek, increasing as it rushed onward in its destru 



198 Early History of Leavenworth City and County. 

tive flight, not doing any great amount of damage until it reached 
the above mills, direct in its path. With one fell swoop and with- 
out a moment's warning, like a mighty vulture descending from 
the skies upon its prey, it laid the entire building and its sur- 
roundings level with the ground, a total wreck with scarcely one 
brick or stone left to mark the spot of the late stately pile of 
industry. The remnants of the valuable machinery were after- 
wards gathered together and an attempt made to utilize them 
in the manufacture of coarse U. S. blankets but it did not prove 
a success and was abandoned. 



CHAPTER XXXVI. 



Schools. 



THE first school established in this city was a private school by 
the Rev. J. B. McAfee, now of Topeka, Kansas. It was in the 
summer of 1855. The school house was a small frame build- 
ing then standing on the high bank on the southeast corner of 
Fifth and Shawnee streets opposite the City building. The grad- 
ing of the principal streets of the city has very materially changed 
its original appearance as it was at the time of the location of 
the townsite and for several years thereafter. The above school 
flourished for a year or two, till the troubles became so 
paramount, and the Reverend's political views not harmonizing 
with the prevailing sentiment of a majority of the then citizens 
of the town, his days of usefulness as a successful school teacher 
became suddenly abridged, and as the vigilance committee gave 
him notice (with others) to quit, he thought prudence in this in- 
stance at least, was the better part of valor, so gracefully but with 
becoming agility retired from the school field. Schools were not a;p 
necessary adjunct to our prosperity so the powers then in control 
decreed, during that exciting period; let us wait a little, they said, 
till our political complexion is a little more clearly defined, and 
we waited, till the storm blew over. Our town grew rapidly, our 
children increased in numbers and the enterprise and refinement 
of our people demanded the establishment of good schools and 
the building of suitable and properly arranged school houses, the 
organization of a public spirited and liberal minded Board of 
Education and the employment of competent and faithful super- 
intendents and a corps of trained and skillful teachers. I do 
not propose to go into the detail of the construction of each 
school house, or its precise location, it would not be pleasing or 
profitable, I opine, to the general reader. I shall content my- 

199 



200 Early History of Leavenworth City and County. 

self with a general review of the subject of public schools in our 
town. What I said on a former occasion upon this subject might 
not be inapplicable at the present time and I repeat it. In the 
matter of public schools Leavenworth has, since the first organ- 
ization of a regular system, as early as 1858, occupied a front 
rank, excelled by no city or town in the state, which is so justly 
celebrated, for the high and advanced position, which she has 
ever held among her sister commonwealths by her broad and 
liberal endowments of the public school system of this state, 
which has built a school house on ten thousand hills and in as 
many valleys of her broad domain, as a beacon light to the na- 
tions of the earth, that in this goodly land of ours the seeds of 
freedom were not planted in a barren and arid soil, but in a land 
rich in the hopes and expectations of the future, fed and nurtured 
by the brawn and muscle of her sturdy sons and the enlighten- 
ment and culture of her worthy daughters. They have reared their 
temples, as living, speaking monuments of their true appreci- 
ation of the power and usefulness of a generous and liberal sys- 
tem of common schools, whose full fruition shall be the elevation 
and advancement of this mighty commonwealth. From the 
early settlement of our town, our people have fully appreciated 
the importance of this great work, as has ever been evinced by 
the hberality of her Board of Education, the perfection of 
her teaching, and the special skill and ability of her superintend- 
ents and their corps of professors and teachers in that behalf. 
Several of the graduates from her high school have stood in the 
front rank and graduated with the highest honors of their respect- 
ive classes in the United States Military Academy at West Point 
and in the leading colleges in the East. Our school buildings are 
all well arranged and in most instances convenient and pleasant- 
ly located. Our professors are of a superior order of talent, as 
educators, second to none in the land. Our schools are in a very 
prosperous condition. The number of children of school age is 
about 10,000. The value of school property is about $700,000. 
Our Board of Education (composed of some of our most liberal 
and progressive citizens) is fully abreast of the times and will 
enlarge our school facilities by the erection of new buildings and 
enlarging others already built as the circumstances and neces- 
sities of the situation may demand. To the disinterested efforts 
of these gentlemen their liberal and broad-guaged /iews upon 



Schools. 201 

this important subject of education the present prosperity and 
high standing of our pubUc schools in a great measure, is due. 
We have one of the finest high school buildings in the state, a 
dozen first-class school houses, a German school, two Catholic 
parochial schools (English and German) , and a German Lutheran 
school. 



CHAPTER XXXVII. 



Theatres or Opera Houses, Public Halls and Beer 
Gardens. 

THE first theatre was in a sort of composite building on the 
southeast entrance of Third and Delaware streets where the 
wholesale china and crockery store of Knapp & Bollman 
now stands. A two-story frame building 42x75 to 80 feet in 
length, with a meat market (the first in town as I remember) 
in front on Delaware street. A public hall in the rear front- 
ing on Third street, and a theatre on the second floor over all. 
This building was erected in the fall of 1856. The theatre was 
not permanently established till 1857. It flourished with varied 
success during that year and until the fall of 1858, when one 
night after the performance had closed, a fire broke out, supposed 
to be in one of the dressing rooms, and not only destroyed that 
building but extended along Delaware street on the south side to 
the Grazier building now occupied as the Endress stove store. 
The Grazier Bros, had just completed and furnished their ice 
cream and confectionary parlors and a first night entertainment 
was being given by them when the fire broke out in all its fury 
and destruction. It soon swept across Delaware street at the cor- 
ner of Third street opposite, first attack ng Dr. Park's drug store, 
then Beechless' shoe store, J. B. Davis furniture store. Weaver & 
Seaman's dry goods store. Currier & McCormick's store, Conway's 
boarding house, all on the north side of Delaware street, where 
it ceased for want of material. It also crossed the alley in the 
rear north of Delaware street and burned a number of buildings 
on both sides of Shawnee street from Third street east and only 
ceased its devastation on Seneca street for want of material to 
consume. There was little or no insurance in the town in those 
days and the total loss in buildings and stocks of goods was very 



Theatres. 203 

large. We had no organized fire department in those days, and 
were entirely dependent upon bucket brigades of citizens to pass 
water by hand, from wells, or from the river if the fire was near 
there. 

The next theatre was of the variety or vaudeville kind, 
owned and operated by the Goddard Bros., on Shawnee street 
below Fifth street, north side, about where Cory's fruit and fish 
store was, this was in 1863 and '64. It was a great success and 
very popular while it existed, but fire, that demon of destruc- 
tion, that inveterate foe of theatres and mills at all times, claimed 
this as one of its victims and one night, without warning, took it 
into its capacious maw. 

The third, and really the only legitimate first-class theatre, 
exclusively as such, which has been maintained in the city was 
the old Thorn Theatre, on the southwest corner of Fourth and 
Delaware streets. It was built in 186- for a theatre by old man 
Thorn, who was a first-class actor of the legitimate turn, as were 
his whole family, Mrs. Thorn, Miss Mestazer, his two sons — a first- 
class Stock Company — Geo. Chaplin, Mr. and Mrs. Walters, 
George Burt and wife and a number of others. Old man Thorn 
built a nice country residence and named it Thorn Hill, out on 
top of the ridge northwest of the city to which place the family 
retired in the summer. It was a popular place of resort and the 
family were very hospitable and splendid entertainers. The 
theatre was a great success for a series of years. The very best 
actors in the country with their companies visited our city, not 
for one night stand only but for a week. Our people patronized 
and appreciated first-class entertainments. In time the theatre 
became dingy and unkempt, first-class companies ceased to visit 
us on that account and the theatre passed into the sear and yellow 
leaf and was abandoned as a theatre and the building changed 
into a store-room. 

Our present opera house on the south side of Shawnee 
street between Fifth and Sixth streets, was built a few years ago 
by a Stock Company of our enterprising citizens who fully real- 
ized that a city of this size ought to have a properly constructed 
and well arranged opera house worthy of the name which would 
command the attention of good companies and insure the patron- 
age of our people. The result was the immediate building of the 
above opera house. 



204 Early History of Leavenworth City and County. 

Public Halls. 

The first Public Hall was on the north side of Delaware 
street between Second and Third, next west of the McCracken 
building, which was then a two-story stone building. The hall 
was in the second story of a frame building long since passed 
away. It was built in the fall of 1855. Public meetings were 
held there, and church services by denominations who had not 
yet constructed places of worship. It was also used as a ball- 
room where the young people met to trip the light fantastic toe. 
If I mistake not the city council held its meetings there for a 
time. It was a very popular hall for quite a length of time until 
larger and more convenient halls were constructed. 

The second and by far the largest and the finest hall in the city 
for a number of years was Melodeon Hall. It was in the third story 
of a splendid pressed brick front building on the north side of 
Cherokee street between Main and Second streets, the third lot 
west of the alley opposite the old Union Stove Works. The building 
was 24x100 feet and built by a Cincinnati firm. Springer & Fries. 
Phillip Rothschild occupied the first story as a clothing store and 
U. S. court room offices in the second story and a magnificent 
hall the entire length except ante rooms in the rear. High ceil- 
ing papered and frescoed overhead in fine taste. It was built 
in 1857. It was a very popular hall for balls and first-class en- 
tertainments. The Knights of Malta used it at one time as 
their meeting hall, and expended a large sum of money in fitting 
it up with fine carpets, chandeliers, chairs, throne, gorgeous 
dresser and all the paraphernalia belonging to the order and its 
officers in their grand initiation and conferring degrees upon 
members as well as their midnight marches through the streets 
of the city. Probably no society or organization, especially 
alone founded on mirth, fun and frivolity, was ever so popular or 
had so many members in every city in the United States of any 
respectable size as did this organization. It grew and flourished 
like a green bay tree for a number of years until that unfortunate 
accident in New York City when a party who was being initiated, 
by the breaking of a portion of the hoisting or sliding apparatus, 
was precipitated from a considerable height to the floor and 
killed outright. This cast a damper upon the order, the New 
York pictorial papers published gross caricatures of its confer- 



Public Halls. 205 

ring degrees and the accident above, only served to emphasize 
the carelessness and danger claimed by its enemies. The religious 
papers inveigled against the order and called upon the police and 
courts to interfere as there was no special merit, only an organiza- 
tion gotten up for fun and recreation with just enough mystery 
about it to attract continued accession of new members, but as 
soon as it became to be discussed in a serious manner by the news- 
papers all the fun and humor evaporated and in a few months 
most of the lodges were broken up or ceased to attract. The 
furniture and apparatus was sold, and the Knights of Malta 
were among the has-beens passed into song and story. A few 
years after Melodeon Hall building was entirely destroyed by 
fire. 

The third hall in the city was the far-famed Stockton Hall 
erected on the southwest corner of Fourth and Delaware streets, 
where the Leavenworth National Bank now stands, in 1857. 
It was a frame building 45x120 feet in depth along Fourth street, 
store-rooms below and a lofty story above. It was so arranged 
that it could be, and frequently was used by theatrical troupes 
that visited our city in those early days. Capt. Job B. Stockton, 
quite a prominent public spirited citizen and hustler, after whom 
the hall was named, was the owner and proprietor. When the 
war broke out the Captain raised a company and joined the 
Grand Army of the Republic to aid in subduing the rebellion. 
Probably one of the most interesting meetings or conventions 
ever held in the state or territory was the one held in the above 
hall in the summer of 1858, for the purpose of organizing the 
Democratic party. There had been several attempts made pre- 
vious, at Topeka, Lawrence, Tecumseh and Lecompton but all 
had failed to unite the conflicting elements, now that the ques- 
tion of slavery in the territory had been virtually settled in favor 
of freedom. The Topeka constitution had been ignored by Con- 
gress, the Lecompton constitution repudiated by the people. 
The first Free State Territorial Legislature had been elected the 
fall before, met, repealed the bogus laws (as they were called) 
of the Missouri elected Legislature of the territory of 1855, and 
substituted another and more acceptable code of laws and prac- 
tice, both civil and criminal, in their stead. The Democrats of the 
territory who had formerly been Democrats in the several states 
from whence they came to Kansas, and also many old line Whigs, 



206 Early History of Leavenworth City and County. 

all who believed in the principles of the Douglas Kansas-Ne- 
braska Bill, in opposition to the extreme Pro-Slavery views of 
the Southern oligarchy on the one side and the fanatical John 
Brown spirit of intolerance on the other. Such parties, I say, 
were anxious to try and get together, to unite upon a common 
platform if possible, in consonance with the true principles of 
Democracy, the greatest good to the greatest number, freedom 
of thought, freedom of action, in all things divested of unbridled 
license, as taught by the fathers of the Republic. Among those 
present on that memorable occasion were Ex-Gov. Shannon, 
Col. A. J. Osacks, Ex-Secretary of the Territory, Hugh Walsh, 
Col. C. K. Holladay, Ex. Gov. Roberts, Col. J. R. McClure, Joel 
K. Gooden, E. C. K. Garvey, W. R. Frost, Col. Thos. Thornton, 
Judge Sharp and P. V. Lane of Wyandotte, Perry Fuller, Ben 
McDonald, Col. Robt. Mitchell, Col. Vanderalier, Col. Irwin, P. 
H. Badger, C. F. Currier, Dr. James Davis, O. B. Holman, John 
A. Halderman, H. B. Dennan, Gen. J. C. Stone and a number 
of other Democrats. H. T.Green, J. W. Crancer, B. S. Richards, 
Jerry Clark, Gen. Geo. W. McLane, the writer of this, and 
many other old line Whigs were present. A platform was drawn 
up, and afterwards some amendments to suit the views of all 
parties present, was unanimously adopted and signed and this 
was the origin of the Democratic party in Kansas. For a num- 
ber of years following, it took considerable nerve for a man who 
had been a prominent and active Free State man during the 
early troubles in Kansas and especially in Leavenworth, to ac- 
knowledge that he was a Democrat. It made no difference to 
some of those worthies, what a man might have suffered in prop- 
erty or person or how great had been his sacrifices for the Free 
State cause, if he dared to exercise his personal perogatives as a 
free born American citizen and declare himself a Douglas Demo- 
crat, he was denounced as a traitor and a Pro-Slavery supporter. 
The men who did and said these things were principally new- 
comers to the territory, parties who had remained at their homes 
in northern states at a safe distance from the scene of danger 
during the days of strife and bloody turmoil in Kansas. The 
spirit they evinced was of the same grade as the redshirted ruffi- 
ans of 1855 and '56 except that cold blooded murder was not in 
their hearts, at least not in their actions; they bridled their hands 
if not their tongues. Stockton Hall like so many public buildings 
in those days fell a prey to the devouring flames. 



Public Halls. 207 

The fourth hall built, if I mistake not, was the old Turner 
Hall, northeast corner of Sixth and Delaware streets. It was 
a very popular hall, especially with our German citizens and 
their friends. Henry Deckelman was the first president of 
the Turner society and so remained for a number of years. Many 
a pleasant entertainment was held in that old hall, theatrical, 
musical, mirth and dancing. The hall is still standing, although 
much in the sear and yellow leaf. It was for a long time occupied 
by J.W.Brown as a livery stable and later as an humble carpen- 
ter shop. Bachus, Gambrinus, Apollo, Thespias and Terpis- 
chore are no longer worshiped at this once sacred shrine, their 
temple is defiled, their altars have been destroyed, or were per- 
chance by their faithful followers removed to a more congenial 
and much pleasanter spot within whose sacred precincts they 
could enlarge and beautify their temple , erected on the northeast 
corner of Shawnee and Broadway, and add to its surround- 
ings a beautiful garden, where beneath the umbrageous shade 
of its lofty oaks they could, with their families and friends, hold 
sweet communion with the spirit of the faderland, so far away, 
across the deep blue sea, and as they listened to the soft and 
gentle music of the sweet toned violin and the lute and sipped 
the foaming nectar of the gods, their hearts in rapture dwelt, 
as they thanked the Great Spirit of the past that had guided 
them on their weary way to this land of freedom they so much 
love. A few years ago, fire, that fatal fiend, as we have so often 
said, in an evil hour, laid its deathly grip upon this temple of 
mirth and song and soon it was but a mass of ruins. But 
Phoenix like, with the proud spirit of true men who never say die, 
their noble temple has risen from its ashes, larger and much 
more complete in all its details, a fitting and worthy monument 
to the push and energy of its founders and promoters. 



208 Early History of Leavenworth City and County. 

(From Leavenworth Times, July 20, 1898) 

The Passing of Old Turner Hall. Famous in the Old Days 
OF Leavenworth. Stood for More than Thirty Years 
ON THE Corner of Sixth and Delaware. An Exciting 
Election in Which Miles Moore Participated. 

The old frame building which stood for more than thirty 
years at the northeast corner of Sixth and Delaware streets, stands 
there no longer. Its destruction was completed yesterday, and 
with the removal of the old boards there passes another of the 
historic landmarks of Leavenworth. 

Erected in 1857 by the Turner society, it was their proud 
boast that they possessed n the building one of the largest and 
finest halls in the West. More improvements were added to the 
structure after it had been partially destroyed by fire a few years 
later, among them being a stage and theatre equipment, and 
many an itinerant opera troupe held forth there to the delight 
of the early settlers. The building also served as the dance hall 
for the city. 

As the city enlarged and the people became more exacting 
in their demands, the Turner society out-grew the old hall and 
sought more commodious quarters in their new frame building 
erected on the corner of Broadway and Shawnee streets. The 
Turners still occupy the old site, but fire and time so injured the 
frame structure that it has recently given place to a handsome 
brick block. 

The late Henry Deckelman, who ran a jewelry store here in 
the early days, was the first president of the Turner society in 
Leavenworth, but there are few now living who participated in 
the opening of the old hall. 

The Turners were all pronounced Free State men, and their ^ 
old hall was used as a Free State meeting house. There political 
conventions were held, and public speaking of not the most peace- 
ful kind imaginable. There were stirring elections held there in 
those days too. In one of these Judge H. Miles Moore, then the 
young acting colonel of the 5th Kansas, figured conspicuously. 

It was n 1862, just when the "Red Legs" were at the full 
height of their fame. The "Red Legs" were a band of notorious 
horsemen, among them, "Wild Bill," "Red Clark," Captain 
Swain, the St. Claire boys, and a dare-devil named Cleaveland. 



Public Halls. 209 

They posed as deputy United States marshals, claiming tha' they 
were engaged in regulat.ng the affairs of the western country, 
but in reality they were border ruffians for the most part whose 
principal business was horse-stealing. 

Nearly all these notorious "Red Legs" were surrounding the 
polls in front of Turner hall on this territorial election day in '62. 
They had put up a ticket of their own and proposed to shove it 
through whether the people wanted it or not. 

Colonel H. Miles Moore was riding by Turner hall and heard 
a loud outcry. There was an Irishman attempting to elbow his 
way through a crowd of "Red Legs" who set upon him and beat 
him back. 

"What's the matter, Pat?" asked Colonel Moore. 

"Be jabers, Moore," shrieked the Irishman, "Oi want to vote 
an' they won't let me." 

Moore leaped from his horse and drew forth two large revol- 
vers. Pointing them into the crowd, he said, "Here, let that 
man vote. I know that man and he has just as much right to 
vote as I have." 

The Irishman voted and so did Colonel Moore, although he 
had had no intention of doing so before he saw how the "Red 
Legs ' were trying to run things, but that riled him, as he re- 
marked afterwards. 

"Give me a ticket," demanded the Colonel, and the "Red 
Legs" in front of the two revolvers hastened to obey. 

"Now, what ticket are you voting?" asked Moore of a burly 
"Red Legs.' "I want to know so that I can vote the other one." 

Those were great days for Turner hall, but now it has been 
torn down after having been used as a livery stable and later as 
a carpenter's shop, until pronounced unsafe. The stables were 
run by Brown & Lecompte, the latter being a son of the first Chief 
Justice of Kansas. 

The next public hall built in the city was Lainge Hall on 
the southwest corner of Fourth and Delaware streets in the 
third story of the Laing building. It was without doubt the 
largest and most commodious hall in the city, being 48x125 feet, 
lofty ceilings, well lighted and convenient of access. Religious, 
political and other meetings were often held in it, but the 
proprietor. Deacon Laing, was always opposed to and would never 
allow it to be used for balls and dancing parties. Within the 



210 Early History of Leavenworth City and County. 

past few years it has been remodeled and is now used as the Ma- 
sonic Temple where all the different branches of the order hold 
their regular meetings. 

The hall in the Odd Fellows' building second floor, south- 
east corner of Sixth and Shawnee streets and known as Odd Fel- 
lows' Hall has from its first erection in the early sixties been a 
very popular hall, 44x120 feet For a series of years it was often 
occupied for public meetings, religious, social and political, but of 
late it has almost exclusively been used for balls and dancing 
parties. Its central location, ease of access, internal arrangement, 
elegant size and appointments which go to make up a first class 
dancing hall will continue its popularity especially with the 
young people of the city. 

Of Chickering Hall and the G. A. R. Hall I need not 
speak at this time as they cannot be classed among things of 
early days of which we are writing. 

The Old Beer Gardens of the City. 

The first and gayest of these free and easy resorts of early 
days beginning with 1855 and ending with the close of the war, 
was located on the southwest corner of Second and Cheyenne 
streets and known as Stahl's Garden. When in full bloom and 
perfume she was a daisy, always wide open from early morn till 
dewy eve, and early morn again, "the last chance" to the fort 
and "the first chance" to the town and "always a chance," for 
those who wanted fun, a schooner of beer, good music, a dance 
and a general good time. About election times it was red hot. 
True, at certain times, it was a little tough, but that was the in- 
evitable result of that class of people who are the advance guard 
in all frontier towns and especially in towns where cowboys, bull 
whackers and muie drivers predominate, and near a government 
Post like Fort Leavenworth, in those days, where hundreds of 
them were employed in the spring time in those immense mule 
trains of the government and ox wagon trains of that great firm 
of Majors, Russell & Waddell, freighters of government army 
stores across the plains, and who made this city their headquar- 
ters and starting point, (of which I shall speak more in detail at 
another time), and again on their return here in the autumn. Is 
it surprising that they made things a little lively around old 
Stahl's Garden and kindred places on such occasions. These 



Beer Gardens. 211 

were the Mosaic's in the broad platform of unrestrained hberties 
and almost unbridled licenses in those wide-open western towns 
in those early days. In passing the old uninhabited and tumble 
down rookery and the dilapidated garden and its forlorn sur- 
roundings, one unacquainted with its former prestige would scarce- 
ly credit the fact this was for a number of years the gayest and 
liveliest resort of its kind in the town, with a cash income every 
twenty-four hours according to the season, of not less than S200 
to $400. It run wide open at all times, nights and Sundays in- 
cluded, it w^as so far removed from the churches and the business 
portion of the city, that the conviviality of its frequenters did 
not disturb the quiet and decorum of the rest of the city and its 
inhabitants 

Another garden that was at times a little gay, but nothing 
to be compared with the wdde-open revelry and debauchery of 
Stahl's Garden, was for years located on the southeast corner 
of Olive and Broadway, and known as John Ebenger s Garden. 
Here seats were placed under the fruit and shade trees and grape 
arbor. There were swings, vaulting bars, bowling alleys and 
other accessories of a pleasant resort, to amuse and entertain 
visitors. Of course a good band was in attendance and dis- 
coursed sweet music, especially on Sunday afternoons and even- 
ings and holidays during the summer season. It was quite a 
favorite resort with many of our citizens who sought recreation 
and amusement in this direction. 

Another and by far the most popular garden in those days 
long ago, was Washington Garden situated well out in the then 
southwestern portion of the city in Benz Addition, now prob- 
ably Insley & Shoyer's sub-division west of Ninth street and south 
of Quincy street, so called. There were no streets laid out in 
that part of the city except Broadway and that was but a country 
road or highway, it was an open prairie west to Pilot Knob hill 
except w^here a small tract of a few^ acres was fenced and culti- 
vated in sparse localities. Washington Garden embraced sev- 
eral acres of land surrounded by a fence, well laid out with walks 
and drives, fruit and shade trees, arbors and flower beds, swings, 
bowling and shooting alleys, vaulting bars and other accessories 
necessary for athletic exercises. A fine band stand in the garden 
and a platform for dancing. A quiet, refined and lovely place 
for a few hours recreation or a days' outing with a party of con- 



212 Early History of Leavenworth City and County. 

genial friends. It was a popular place for picnics for Sunday 
schools and other societies, and a quiet resort for an evening 
drive. It was always liberally patronized by the better class of 
our citizens in the summer season who sought quiet recreation 
and amusement. There was no unseemly noise or rowdyism. 
That class of people found no congenial spirits among the class 
of people of taste and refinement who visited it. Alas times have 
changed in forty years and we, the people, change with them. All 
of the places of resort and pleasure above referred to have long 
since passed away and scarcely a stone is left to mark the spot and 
most of the actors and participants in those gay and festive scenes 
have left our city or crossed over to that bourne from which no 
traveler returns. 



CHAPTER XXXVIII. 



The Mayors of Our City. 

AS I have said in a previous chapter^ the first mayor of the 
city was Thos. T. Slocum; he served for one year and was 
succeeded by William E. Murphy who was a very ultra 
Pro-Slavery man although a northern man by birth and educa- 
tion. This was no uncommon case in those early days in Kansas, 
especially in the towns along the Missouri border. Among the 
most noisy brawling, loud-talking and ultra Pro-Slavery men, 
were men from some of the northern free states. They seemed 
to be of the opinion that these extreme demonstrations must be 
made on their part, to assure the leaders that they were "sound 
on the goose." Then followed as mayors of the city, Jas. L. 
McDowell, Thos. Carney, H. B. Denman, two terms; Col. D. R. 
Anthony, two terms; Henry J. Adams, Chas. R. Morehead, Col. 
J. L. Abernathy, Dr. G. F. Neely, two terms; M. L. Hacker, D. 
A. Hook, Saml Dodsworth, J. W. Edmond, D. R. Anthony, Jr. 
and the present mayor, Peter Everhardy. Leavenworth has 
been exceedingly fortunate in the selection of its mayors since 
the organization of the city. Most of them have been practical 
business men and leading citizens, who took special interest in 
the welfare and advancement of the city and her people. 

Lawyers of the City and County. 

We have no hesitation in saying that no city in the state 
can boast of a more cultured, refined, brilliant, intellectual and 
able bar since the organization of the territory, than Leaven- 
worth. They have and still do stand in the very front rank of 
the profession. Several of them have risen to positions of well 
merited honor and trust as eminent jurists, others as statesmen 
of high rank in the commonwealth and the halls of the nation and 

213 



214 Early History of Leavenworth City and County. 

still others have won honor and renown in the armies of the 
Union, and in places of civil trust bestowed by a grateful country. 
The following names I copy from the list of attorneys as they ap- 
pear on the roll on file in the clerk's office of the district court of 
this county commencing with the organization of the first district 
court in April, 1855. There are a number of names enrolled of 
distinguished attorneys from other cities in the state, viz : Atchi- 
son, Topeka, Lawrence and other towns and Platte City, Weston 
and St. Joseph in Missouri. Time and space is too limited to am- 
plify sketches of these gentlemen on this occasion and in a work 
of this kind. I leave that for future consideration which I have 
compiled in a separate work up to the admission of the state. 
The first name on the above roll is John A. Halderman, then 
follows Richard R. Rees, D. J. Johnson, A. McCauley, James M, 
Lysle, D. A. N. Grover, David Dodge, B. H. Twombly, Col. McCrea, 
Chas. H. Grover, Amos Rees, P. T. Abell, John Doniphan, C. F. 
Burns, W. B. Almond, Wm. G. Mathias, Marens J. Parrott, J. 
Marion Alexander, Wm. Weir, Jr., Wm. Phillips, C. F. Benard, 
Benj. F. Simmons, M. L. Truesdell, H. P. Johnson, M. W. Delahay, 
Thos. Shanklin, H. Miles Moore, G. W. Gardner, Sol. P. McCurdy, 
Wm. H. Miller, H. T. Green, Thos. C. Shoemaker, J. I. Moore, 
G. W. Perkins, Geo. W. McLane, B. F. Stringfellow, Edward 
Young, Jas. I. Hadley, Henry Tutt, Jas. Christian, A. G. Otis, 
Lorenzo D. Bird, J. F. Hollingsworth, Joseph P. Carr, John Wil- 
son, Josiah Kellogg, Burrell B. Taylor, Robt. P. Clark, Wm. 
Perry, G. G. Goode, Reese Paynter, Danl. L. Henry, B. M. Hughes, 
R. C. Foster, E. M. Mackamer, Lewis Ramage, H. B. Branch, 
Van B. Young, Wm. McKay, O. B. Holman, D. J. Brewer, 
Henry J. Adams, Harvey W. Ide, John W. Henry, E. McGruder 
Lowe, Clinton Hellen, Saml. A Young, J. W. Whitfield, J. 
H. Lane, John C. Douglas, Willard P. Gambell, John L. Pendery, 
S. W. Johnstone, John E. Pitt, 0. Diefendorf, James McCahan, 
John T. Slough, Wm. Stanley, Jas. Taylor, Walter N. 
Allen, M. S. Adams, Wm. Kemp, N. Franklin, G. Adams, J. S. 
Speer, James S. Connolly, Q. J. Cody, A. M. Sawyer, J. S. Kal- 
lock, S. A. Stinson, John Gill Spicy, Wm. P. McDowell, Fox Die- 
fendorf, E. N. O'Clough, R. Crozier, J. J. Logan, Fred Swoyer, 
E. F. Havens, A. F. Callahan, J. C. Hemingray Barzila Gray, P. 
Sidney Post, D. H. Bailey, John C. Tarr, T. A. Hurd, Thos. P. 
Fenlon, M. S. Adams, F. P. Fitzwilliams, L. B. Wheat, R. P. 



Lawyers and Physicians. 215 

C. Wilson, A. J. Isaacs, S. D. Lecompte, Lewis Burns, W. T- 
Sherman, Hugh Ewing, Thos. L. Ewing, Danl. McCook, John 
N. Case, N. H. Wood, W. S. Carroll, E. Stillings, Wm. McNeil 
Clough, Z. E. Britton, L. M. Goddard, James S. Jelly, H. D. 
Mackey, Geo. H. English, Chas. W. Helm, Joseph W. Taylor, 
Byron Sherry, J. H. Gilpatrick, Nicholas Smith. James Kettner, 
Geo. H. Spry, Isaac E. Eaton, Newton Mann, and others 
prior to the admission of the state into the Union. L. G. Hop- 
kins, H. L. Pestana, Q. D. Shaffer, Norval Marehand, Lucien Baker 
Wm. Dill, H. N. Pendery, Wm. Green, E. L. Carney, Vint Still- 
ings, Wm. Hook, Henry Wollman, Laurens Hawn, M. L. Hack- 
er, Jas. P. Stinson, C. F. Rutherford, L. F. Misselwitz, Saml 
C. Wheat, John H. Atwood, J. H. Wendorf, T. W. Bell, B. F. 
Daws, W. W. Hooper, M. G. Lowe, Thos. P. Fenlon, Jr., 
N. E. VanTuyl, J. C. Petterbridge, John T. O'Keefe, Eli Nied- 
linger, A. E. Dempsey, F. P. Fitzwilliam, Harry E. Michael, 
Lee Bond, O. E. Mann, Dennis Jones, B. F. Endress, A. M. Jack- 
son, E. F. Rorer, C. R. Middleton, W. H. Bond, Thos. L. Johnson, 
David W. Flynn, E. B. Baker, L. C. Hohe and others. 

The Physicians and Surgeons of the City in Early Days. 

As there was no record or enrollment of the physicians and 
surgeons of this city and county required by law to be kept in the 
early settlement of the town, and as none was kept, the writer is 
obliged to rely entirely upon his own personal remembrance and 
acquaintances with each of these worthy and most useful mem- 
bers of society; up to the admission of the state. Dr. W. S. 
Catterson, Dr. Sam'l Norton, Dr. John W. Day, John M. Fackler, 
O. F. Renick, (the three last did not practice medicine much, 
they were principally lot and land speculators.) Dr. Levi Hou- 
ston, Dr. M. S. Thomas, Dr. S. F. Few, Dr. Dyer, Dr. Jas. Davis, 
Dr. J. J. Edic, Dr. J. M. Bodine,Dr. H. B. Callahan, Dr. Samuel 
Phillips and probably others I have forgotten. 



CHAPTER XXXIX. 



The Coal Mines of Leaventvorth and Vicinity. 

FOR several years prior to the settlement of this city the U. 
S. government had been mining coal in considerable quantities 
in Salt Creek Valley by drifting along the banks of the creek^ 
for use in the blacksmith and wagon repair shops at Fort Leaven- 
worth. The supply was limited to a few hundred tons. In 1855 
Charles Peet.the veteran coal miner, who still resides in this city 
on Fourth street, just south of the Abies place, was living 
on Stranger creek west of the town; he opened a coal mine and 
for a number of years delivered coal from his mine to our citi- 
zens. This coal was obtained by drifting; as it became more 
expensive it was finally abandoned. In 1851, Maj. F. Hawes, 
who was in the employ of the state of Missouri as Assistant State 
Geoligist, after a careful survey of the Missouri river in this vi- 
cinity came to the conclusion that coal existed in paying quan- 
tities underneath Leavenworth. Sometime afterwards he made 
a geological survey of the county and gave it as his opinion that 
coal would be found at a depth of about 700 feet. So confident 
was he of the existence of coal, that in 1863, after several previous 
attempts had failed, he succeeded in organizing a company with 
Thomas Ewing Jr., Ed W. Russell, John McCarty and others, 
who obtained from the government the privilege to sink a coal 
mine on twenty acres of the Fort Reservation, north of and ad- 
joining the city. The Major was anxious to sink a shaft at once, 
but the company was of the opinion that the safest plan was to 
drill down first and ascertain for a certainty if there was coal 
and to what depth they would have to sink their shaft to 
reach a vein of sufficient thickness to justify the expense. Work 
was commenced with a drill of primitive construction, and with 
an old horse as the steam engine or driving power. In the course 

216 



Coal Mines. 217 

of a few weeks, the company's funds were exhausted and the 
work had to be abandoned. But they were men of pluck and 
energy and not disposed to abandon the enterprise. In 1865 
they induced a number of other gentlemen to interest them- 
selves in the work and it was again commenced, but owing to the 
war, the funds were again exhausted and the work came to a sec- 
ond stand-still. There were six attempts (too long to narrate) 
before the coal was finally reached. In 1868 the property passed 
into the possession of Lucien Scott, president of the First National 
Bank and work was once more revived with all the energy that 
money and experienced managers could bring to bear. In 1870 
the first coal from a Leavenworth mine was put upon the market. 
The coal was reached at a depth of 713 feet. The vein is 21 inches 
in thickness and of a very superior quality and easily worked. 
The coal is bituminous and the best mined in the West. The 
shaft has been sunk to a depth of 1100 feet; at 998 feet a second 
vein was passed through 26 inches in thickness, and at 1030 
feet a third vein was passed through, 28 inches in thick- 
ness. At present only the first vein is being worked, not 
only in this mine but in all the mines in the city and vicinity. 

The second mine opened was the penitentiary mine at Lan- 
sing, about three miles south of the city, and is owned by the 
state of Kansas. The state Legislature in 1879 appropriated 
$25,000 to defray the expenses in sinking a shaft. On January 
15, 1881 coal was struck at about the same depth, it was in the 
North Leavenworth mine, 713 feet, and since that more than 
20,000,000 bushels of coal have been mined. About 350 to 400 
convicts are employed digging coal. The coal mined in this 
mine is solely for the state, is principally used at the state 
institutions in the different cities and towns of the state, over 
10,000 bushels are being mined each day. It is considered a 
profitable investment for the state of Kansas, and is worth nearly 
or quite one-half million of dollars. 

The Riverside mine was the second coal mine opened in the 
city. This mine is located in the southeast corner of the city 
near the Missouri river. On the 17th day of January 1886, work 
was commenced on this shaft and coal was struck on the 17th 
of September of the same year. This mine has been a success 
from the first Most of the coal raised from this mine is shipped 
away by rai road. 



218 Early History of Leavenworth City and County. 

The third coal mine sunk in the city was the Home Coal 
Mine, situated between Second street and the Missouri river near 
the old ferry landing. This mine was sunk by the individual 
efforts of a number of our enterprising citizens who formed a 
stock company and raised the money to sink the shaft and equip 
the mine for business. The three mines above named located 
in the city are now owned by one company and under one general 
management, and being thus carefully and economically con- 
trolled are proving a profitable investment. 

The Carr Coal Mine. This mine is located at the town of 
Richardson, on Atchison, Topeka & Santa Fe R. R. about two 
miles south of the city. It was sunk about two years ago. It 
is principally owned by capitalists in our city and has proved a 
valuable investment, being managed on strict business principles 
by careful and prudent men. 

Of course a greater number of miners are employed in the 
winter season when the demand for coal is greater. These four 
mines give steady employment the year round to from 1,000 to 
1,200 men at good wages. 



CHAPTER XL. 



Manufactories, Railroads, Etc. 

I SHALL not attempt in this brief sketch to go into detail of 
the manufactories of our city, that would be the work of a 

half-dozen chapters at least, and would not be interesting 
or profitable to the general reader, in a work of this kind par- 
ticularly, as I am endeavoring to confine myself to the early 
history of the town, so far as is practicable. 

The first factory, as I call to mind, established in the town 
was the furniture factory of Mr. Fogarty, on the northwest corner 
of Fourth and Cherokee streets, in the fall of 1855. It was quite 
successful for two or three years, but unfortunately destroyed 
by fire, and as the owner had no insurance he was unable to re- 
build. 

In the spring of 1856, Woods & Abernathy started a small 
furniture factory, on the northwest corner of Second and Seneca 
streets; being men of great push and energy, it was a success 
from the start. In course of time Mr. Woods sold out his inter- 
est to Col. Abernathy, who enlarged and extended the plant, 
until it became one of the most important enterprises in the city, 
and he still continued to enlarge and increase its capacity. Since 
the Colonel's death, under the control and superior management of 
his son, Omer Abernathy, one of the live and energetic young 
business men for which our city is so justly celebrated, at the 
present day it has maintained and increased its former prestige. 

Perhaps, one of the most striking illustrations of what pluck, 
energy and excellent business management will accomplish, is 
most strikingly demonstrated in the case of The Great Western 
Stove Works, and The Great Western Foundry and Mill Machin- 
ery Works. In the spring of 1857, A. E. Maison and E. P. 
Willson, started a small foundry and machine shop in a small 

219 



220 Early History of Leavenworth City and County. 

frame building, on trie south' side of Clierokee street between 
Second and Third streets. In a short time, business so increased 
that a brick building was added and Mr. Estes, the foreman of 
the machine works, became a member of the firm, known as 
Maison, Willson & Estes. In due course of time, Mr. Maison 
sold out his interest to Mr. Willson. and returned to Xew York 
state. Mr. Willson continued to push and expand the business, 
by adding the stove manufacturing business to the foundry and 
machine works. In course of time, Mr. John Wilson, one of our 
leading merchants, became a member of the firm, Mr. Estes 
went out. The new firm of Willson <t Wilson, added new capi- 
tal and increased energy to the rapidly expanding business. In 
a few years the combined enterprise of stoves, and foimdn- and 
mill machinen' and steam engine building had assumed such huge 
proportions that it was deemed ad^isable to di^'ide the business. 
Mr. E. P. Willson took Mr. X. H. Burt with him and they took up 
the stove works, establishing the Great Western Stove Works, one 
of the largest stove foimdries in the West. John Wilson organ- 
ized the Great Western Foundiy and Mill Machinery- Works, 
second to none in that line in the countn*. Thus it will be seen 
that in a few years from a small frame shop employing four or 
five men and a few hundred dollars capital, has grown up an im- 
mense enterprise covering two blocks of the city with foundries, 
machine shops, warehouses, office buildings, etc., and employing 
neariy or quite SOO men and over a milhon of dollars of capital 
invested. 

Wagon Factories. This is another enterprise of small be- 
ginnings, especially is this true in the case of the W. G. Hesse & 
Son, factor^- a few years ago limited to a small shop employing 
three or four hands. It has now developed, by the skill, energy 
and imtiring perseverance of its proprietors, to its pres- 
ent large proportions, employing 100 men and over $150,000 
capital in the manufacture of all kinds of wagons and sending 
its product into even- state and territon' of the great west and 
southwest. 

Bag Factor}-. This is another enterprise which had its com- 
mencement in a small way, but by the push and energy- of its pro- 
prietor, W. A. Rose, it has become one of the leading enterprises 
of the citv. 



Manufactories. 221 

Iron and Steel Bridges. Leavenworth has been justly cele- 
brated for years on account of the skill of her mechanics in the 
construction of iron and steel bridges which span even.- na\-igable 
river and many small streams^ from the Mississippi river west to 
the Pacific ocean and south to the Gulf of Mexico and still the 
demand increases and the great work progresses, as fast as labor 
and increased capital can develop it. 

We have already devoted a chapter to our flour and other 
mills and it would not be profitable or interesting in a work of 
this kind to review the many manufactories of almost even.' kind, 
with which our city aboimds, and which furnish employment for 
so many busy and willing hands. 

Water Works and Sewerage. It is safe to say that no city 
even of double its size and population has a more complete and 
perfect system of water works, both on the direct pressure and 
the Holly system of gra\-itation combined, than has Leaven- 
worth, with its powerful pumping machinen.*, its immense reser- 
voirs and settling basins, its hundreds of miles of water pipes of 
all sizes, its hundreds of fire plugs or hydrants which furnish an 
abundance of water in case of need, forcing water over the high- 
est building in the city through a long lead of hose in the hands 
of our vigilant and skillful firemen. What is true of our water 
system is equally true of our foul water sewerage system, not 
excelled by that of any city in the entire cotrntrv*. 

The Electrical and Gas Lighting of our city is also a source 
of pleasure and satisfaction to our people, we trust the day is 
not far distant when our city will be supplied with an abundance 
of natural gas, at a price that will place it within the reach of ail 
who des're to enjoy its benefits Since the above was written 
natural gas has been supplied. 

It perhaps might not be out of place if I should go back a 
little in the histon,- of the city and gather up a few of the threads 
of our story, that we neglected to weave into the warp and woof 
in passing along the pathway of our city's advancement in its 
early days. After the first pubhc sale of town lots in Octo- 
ber, 1854, heretofore fully referred to, but little building was 
done that fall. The next spring the town progressed ver^- rap- 
idly, a large number of houses were constructed during the season. 
A city soon sprang into being as if by magic. By the next winter 
the population had reached about 1,200 or 1,500 inhabitants. 



222 Early History of Leavenworth City and County. 

several stores of different kinds had been opened; also hotels, 
boarding houses, lawyers and doctor's offices, etc. During the 
year 1856, owing to the troubles in the territory, the town re- 
mained nearly stationary in growth and population until the 
spring of 1857, when it again took giant strides, business of all 
kinds increased rapidly; houses of every description were built 
in all parts of the city, and roads were opened to all the back 
country. The enterprising firm of Russell, Majors & Waddell 
of Lexington, Missouri, government contractors and freighters, 
had made this their outfitting and starting point for their immense 
trains across the plains. The Kansas Stage Company had also 
centered their headquarters at this city. 

Up to this time the title to the land upon which the city stood ^ 
had not been procured from the government. In February, 185$,*^ 
the townsite was sold at Fort Leavenworth, William H. Russell 
acting as the agent and trustee of the old Leavenworth Town 
Association, and, for their use and benefit, bought in most of the 
lots as they were sold. The price paid was over $24,000. The 
town was sold by the plat, and as laid out by the company, each 
lot by itself. The company, or association, furnished Mr. Rus- 
sell with the money to pay for it. He afterwards deeded the lots 
to those who were entitled to receive the title. Some lots were 
struck off to persons who were occupying them at the time. It 
was believed at the time to be a great outrage to compel the town 
company to pay the Indians for the improvements they had put 
upon this tract of land There was thought to be no good reason 
or sense in compelling the Town Company to pay such an extra- 
ordinary price for that particular 320 acres of wild land, when, 
outside of the city limits and additions, it sold at the appraised 
value by the acre; but this was one of Indian Commissioner Manny 
Penny's sharp tricks, it is alleged, because the Town Company re- 
A^ fused to give him a large interest in the town for his influence. In 
November, 1857, previous to the sale of the townsite, the lands 
outside of the city being Delaware Trust lands, in the county of 
Leavenworth, that had been ceded to the government by treaty 
were sold at Fort Leavenworth. The squatters having been in 
possession of most of them for three years and more, and opened 
and cultivated farms, stood by each other in protection of their 
homes. No one offered, or would have been permitted to bid. 



Manufactories, Etc. 223 

against the squatter, and they all obtained their claims at the 
appraised value of two dollars and fifty cents per acre 

In the fall of 1857 the population of Leavenworth had 
reached nearly 5,000. No other city in the world, except San 
Francisco, ever equaled the rapidity of its growth. In July, 1858, 
the largest portion of the business part of the city was destroyed 
by fire. This unfortunate disaster did not materially check or 
retard the growth of the city, for, in the short space of a few weeks, 
the ruins had been removed and large, fine, and, in most instances, 
elegant brick blocks supplied the places of the cottonwood frames 
that had been destroyed 

The census of 1858 showed the city to contain a population 
of over 10,000 inhabitants. About the 1st of January, 1859, the 
telegraph was extended from St. Louis to this city, its western 
terminus on this side of the Missouri river During the fall of 
1858 and spring of 1859 the principal business streets of the city 
were graded, sidewalks laid down, streets curbed guttered and 
macadamized. Also, during the summer and fall of 1858 the 
then largest and most elegant market-house above St. Louis was 
built. The upper or second story conta ned a large city hall and 
court room and offices for all the city and county officials. The 
lots were donated by the old Town Association. The building cost 
about $15,000. In 1859 the city graded and paved the levee at 
an expense of $20,000. In the same year the gas works were con- 
structed and by about the 1st of November, 1859, the mains were 
laid down in the principal streets of the city. In the spring of 
1859, Jones, Russell & Co., started their Pike's Peak Express 
from this city. Coaches left here daily, carrying the mail to Pike 's 
Peak (as it was then called) and Salt Lake. Regular freight 
trains also left here for the above points weekly. The population 
of the city about that time was nearly 15,000 and increasing rap- 
idly It was the largest city above St. Louis. The financial 
crisis which swept over the country in 1857 was not felt to any 
great extent in Leavenworth till the summer of 1859. The rapid 
growth of the city was stayed somewhat, but still improvements 
continued to go forward slowly, as the town had outgrown the 
country. Slow progress was made for a year or two, although 
business became more stable, better buildings were being erected 
and a more general enterprise was diffused throughout the com- 
munity to encourage legitimate trade and avoid speculations in 



224 Early History of Leavenworth City and County. 

fancy prices for real estate. The effects of the war upon many 
towns in the country was almost disastrous^ but it had the con- 
trary effect upon Leavenworth. She grew in wealth and popu- 
lation very rapidly. At the close of the war in 1865, Leaven- 
worth had a population of not less than 20,000 inhabitants, and con- 
tinued to increase till 1870. In 1865 and '66 the city and county 
both loaned their credit by taking stock, and voting bonds to pay 
for the same, in several railroads running into the city. The in- 
vestment has not proved a very good one for the city or county. 
Her present railroad facilities are excellent. 

The first railroad to reach the city was the Missouri River 
Road so called from Kansas City, which was afterwards extend- 
ed to Atchison, by the Leavenworth, Atchison & Northwestern 
Railroad, thence north to Omaha and all of them passed into 
the control of the Missouri Pacific system. The next was the 
Kansas Pacific from Lawrence, then the Rock Island over the 
iron bridge near Fort Leavenworth. Then the Kansas Central 
(narrow guage) now widened to a broad guage and part of the 
Union Pacific system. The Leavenworth & Topeka railroad 
the A. T. & Santa Fe, the Leavenworth, Wyandotte & North- 
Western, the K. C, St. L. & Council Bluffs, part of the Burling- 
ton system over the new bridge. The K. C. & Leavenworth trol- 
ley line is part of our street railroad system. Our street railway 
vfirst run by mule power, then by steam power and now by elec- 
tricity. 



CHAPTER XLI. 

J'iRST Members of the Legislature. 

THE first members of the territorial Legislature elected from 
Leavenworth county, at the election held the thirtieth of 
March, 1855, were: Hon. R. R. Rees, for a number of years 
probate judge of this county, and Gen. L. J. Eastin, editor of 
the Herald, both since deceased, as members of the territorial 
Council; Col. William G. Mathias, Judge A. D. Payne, both de- 
ceased, and Hon. H. D. McMeekin, late of Topeka, as members 
of the lower house of the Legislature. Gov. Reeder declined to 
issue them their certificates at this election, and ordered a new 
one, which took place on the twenty-second of May,- 1855. The 
same gentlemen were elected again, and entered upon their duties 
at the proper time. 

I am not positive as to the precise location of the first 
county officers after the permanent location of the county seat at 
Leavenworth and the organization of the several county offices. 
I refer to the Board of County Commissioners, the county clerk, 
county treasurer, register of deeds, sheriff and probate judge. 
The clerk of the district court had his office in a room adjoining 
the district court and the sheriff during the session of court had 
his office in the same or adjoining room. The first location of 
the above offices for a time at least, was in the brick building on 
the north side of Delaware street near the corner of Main street 
on the second floor, entrance on Delaware street up the present 
broad stairway. They were next removed to the southwest 
corner of Third and Cherokee streets, second story over Henry 
& Garrett's grocery store, now Rohlfing & Go's, warehouse, en- 
trance on Third street by the iron stairway lately removed. 
They remained here a number of years when they were again re- 
moved to the southeast corner of Fifth and Cherokee streets, sec- 

225 



226 Early History of Leavenworth City and County. 

oncl story next to the alley and north, over where T. T. Reyburn's 
hardware store is situated, (it was known as the Scott building at 
the time,) where they remained till removed to the court house as 
before stated. During this time the county had erected a two-story 
stone and brick building on the north line of the court house 
square and about midway from Third to Fourth streets. The 
first story was occupied as a county jail and the second story 
was used as the probate judge's office and court room and the 
sheriff's office. In the jail yard, on the west side of the building, 
was where the first legal hanging was done by the sheriff in this 

county, the victim was Carl Horn on the day of 

185-. Prior to this time the county prisoners had been de- 
tained in the city jail. After the erection of the present court 
house and jail , this building was torn down to relieve the view of 
the court house and grounds. 

The First County Officers and the Rooms They Occupied. 

It is not proposed in this sketch to give a list of the county 
officers from the organization of the county to the present time, 
that would be too prolix and uninteresting. I shall confine my- 
self to a brief recital of the members of the first board of county 
officers, and in addition, the different rooms they occupied in 
the city until they with the courts were safely housed in the 
present county court house in February, 1874, this I deem is a 
part of the early history of the city. The following concise 
sketch I copy from a compilation made by the writer in 1878 and 
published in the Atlas map of Leavenworth county, Kansas. 

The first Board of County Commissioners for Leavenworth 
county consisted of Hon. John A. Halderman, probate judge and 
ex-officio president of the board; Joseph M. Hall, both of Leaven- 
worth city, and Mathew R. Walker, of Wyandotte village, then 
in Leavenworth county. They held their respective positions 
by virtue of the action of the joint session of the legislative assem- 
bly of the territory of Kansas. The commission of Judge Hal- 
derman bears date twenty-seventh day of August, A. D. 1855; 
that of J. M. Hall, the same date; and of Mathew R. Walker, 
twenty-ninth of August, A. D. 1855. They were all issued and 
signed by Daniel Woodson, acting governor of the territory of 
Kansas, at the Shawnee Manual Labor School. 



First County Officers. 227 

The Board first met on Friday, the seventh day of September, 
in the year A. D. 1855, at the warehouse of Lewis N. Rees, at the 
corner of Delaware and Front (or Water) streets, north side, in 
the city of Leavenworth, and were duly sworn into office, and 
their commissions and oaths of office duly presented and ordered 
to be spread upon the record. 

Their first official act was to appoint James M. Lyle clerk 
of the Board of County Commissioners, and ex-officio recorder and 
clerk of the probate court. The second step or act of the Board, 
was to divide the county of Leavenworth into municipal town- 
ships. 

The next action of the Board was the appointment of justices 
of the peace and constables for the several townships. Wiley 
Williams was appointed justice of the peace, and S. W. Tunnel, 
constable of Kickapoo township. R. R. Rees was appointed 
justice of the peace, and Thomas C. Hughes, constable of Leav- 
enworth township. L. F. Hollingsworth was appointed justice 
of the peace, and Wilson Fox, constable of Delaware township. 
John W, Ladd was appointed justice of the peace and Ethan A. 
Long, constable of Wyandotte township. The next action of 
the Board was to make the city of Leavenworth temporary coun- 
ty seat. It then adjourned to the next day, the 8th of September, 
1855. The next morning they met and the first action was to 
appoint judges of election and select places in the several town- 
ships to hold an election on the first day of October, 1855, for 
the purpose of electing a delegate to Congress. 

The next action of the Board at the same meeting was the 
appointment of judges and places of holding election in the sev- 
eral townships for the determination of a permanent county 
seat, on the second Monday in October, A. D. 1855. 

The board then adjourned to Monday, the seventeenth day 
of September, A. D. 1855. On that day they met and appointed 
H. P. Johnson, justice of the peace of Leavenworth township, and 
fixed the bond of constables at $800. 

They met again on the twenty-fourth day of September and 
appointed Alex. W. Russell, a third justice of the peace of Leav- 
enworth township, and G. B. Redman, justice of the peace of 
Delaware township. Petitions for the appointment of county 
treasurer, surveyor and assessor were read and laid over. The 
Board adjourned to the tenth of October, 1855. Board met — 



228 Early History of Leavenworth City and County. 

all present. Maj. M. P. Rively was appointed county treasurer. 
Bond S15,000. Bennett Burnham appointed county surveyor. 
A county seal was ordered. 

At the next meeting of the Board, October 16, 1855, the 
canvass of the ballots for the permanent county seat, came up. 
The rivals were Leavenworth, Kickapoo and Delaware, and each 
were represented by the ablest attorneys at the bar at the time. 
Protests and motions of all kinds were made, and arguments of 
attorneys were heard. A majority of the Board, Messrs. Walker 
and Hall, Judge Halderman voting in the negative, decided to 
count the votes. Delaware had received on two days' voting, 
929 votes; Kickapoo, 878 votes one day; and Leavenworth city, 
726 votes — and several scattering votes at other points in the 
county. The two judges declared Delaware the county seat, and 
Judge Halderman refused to give any certificate of election. It 
is now conceded by all parties that this was not a fair or honest 
election. 

James B. Blake was appointed coroner of the county, Thurs- 
day, January 24, 1856, and L. T. Moore appointed assessor, 
Benjamin F. Twombly having declined the appointment. At 
the same meeting, Messrs. Hall and Walker alone being present, 
it was ordered that the Board would rent a building for county 
offices, twenty feet by thirty, with two rooms, ten by twenty, to 
be built in Delaware city, by G. B. Redman, for $200 rent an- 
nually, to commence from the day of occupancy. 

G. D. Todd was the first sheriff of the county of Leaven- 
worth, appointed by the acting governor, and H. D. McMeekin, 
under sheriff. 

The county seat was removed to Delaware city, February 
20, A. D. 1856. The Legislature passed an act to locate per- 
manently the seat of justice of Leavenworth county, and fixing 
the election to be determined by the people at the next election 
for members of the Legislative Assembly of the territory, to be 
held on the first Monday of October next, 1856. The election 
was held at the time fixed by law, and Leavenworth received the 
highest number of votes, and the county seat was permanently 
fixed at that point, where it has remained ever since. For a 
number of years the courts and all the county offices were held 
in the City Hall, over the market-house, corner of Fifth and 
Shawnee streets. In 1873, the county completed one of the 



First County Officers. 229 

largest, best arranged and handsomest court houses in the West, 
with all the modern improvements of gas, steam heating, vaults 
for all the offices, etc., etc., and the courts and offices were re- 
moved into it, February, 1874. The original cost of the court 
house and all the appurtenances, was as follows: Court 
house square donated by the original purchaser of the land 
court house building cost $120,415.75; cost of clock, $2,751.30 
cost of steam apparatus, $11,465.12; cost of fixtures, $1,556.24 
cost of furniture, $6,416.81; total cost, $142,596.22. The city 
officers also occupy rooms in the building. 



CHAPTER XLII. 



Military Reservation of Fort Leavenworth. 

THIS is one of the largest, most valuable and choicest reser- 
vations belonging to the military department of the United 
States. It was undoubtedly selected in the first place on 
account of its elegant and commanding position, and the great 
beauty of its surroundings, as well as the healthy situation. It 
is truly a lovely and charming spot naturally, and of late years 
it has been greatly beautified and improved under the skillful 
and energetic care and management of the department com- 
mander, Maj. Gen. John Pope, and his successor in command of 
the Post. The Post of Fort Leavenworth was the headquarters 
of the Department of Missouri at that time. The reserva- 
tion, or at least that portion of it which lies on the right bank 
of the Missouri river, is within the county of Leavenworth. A 
small portion of the reservation lies across the Missouri river, 
opposite the Post, in the state of Missouri. It has been gener- 
ally supposed and so reported, that Fort Leavenworth, as it is 
now called, and the reservation attached thereto, was established 
by Col. Leavenworth, by order of the War Department on the 
twenty-first day of June, A. D. 1826, and called Cantonment 
Leavenworth. By the subjoined "History," it would appear that 
it was 1827 instead of 1826: 

"History of Fort Leavenworth Reservation 

"Orders from Adjutant-General's office, March 7, 1827, di- 
rect Colonel Leavenworth, third infantry, with four companies 
of his regiment, to ascend the Missouri river, and when at a point 
on its left bank, near the mouth of Little Platte river, and within 
a range of twenty miles above or below its confluence, to select 
such position, as in his judgment, is best calculated for the site 
of a permanent cantonment. See Appendix 'A.' 

280 



Fort Leavenworth. 231 

''Colonel Leavenworth, under date of May 8, 1827, writes 
from camp 'Mouth of Little Platte/ that after a short examina- 
tion of the country, there was no good site for a military Post on 
the left bank of the Missouri within the distance of the place 
mentioned in the general orders from the Adjutant-General's 
office, and accordingly proceeded up the river some twenty miles 
and found a very good site for a cantonment on the right bank of 
the Missouri, about twenty miles from the mouth of the Little 
Platte, and concludes that there is no other place that will answer 
the purpose required within the prescribed distance of that river. 

"July 11, 1827, Colonel Leavenworth writes that he has not 
yet received an answer to his letter of May 8, 1827, and conse- 
quently does not know that his selection of the site for a canton- 
ment will be approved. Has, however, commenced the erection 
of the quarters, and called the Post Cantonment Leavenworth, 
as appears from the Post return. 

"September 19, 1827, Adjutant -General R. Jones informs 
Major-General Gaines, commanding Western department, that 
the site selected by Colonel Leavenworth for a permanent canton- 
ment, in virtue of general orders of March 7, 1827, is approved 
by the General-in-Chief. The selection of the 'right' instead of 
the 'left' bank of the Missouri, for the reasons assigned by Colonel 
Leavenworth in his report of the 8th of May, is deemed to be ju- 
dicious, and is therefore approbated. 

"The troops were withdrawn May 16, 1829, (but a detach- 
ment may have remained at the Post.) 

' The Post was re-occupied August 12, 1829, and continued 
so up to the present date. 

"In general orders No. 11, February 8, 1832, the Secretary 
of War directs that all cantonments be called forts. Hence its 
present name — 

"Fort Leavenworth. 

"The first reserve known in Adjutant - General's office, as 
having been declared by the President, is of date June 21, 1838. 

"The land held as reserved extends from six to seven miles 
along the Missouri river, and varies from one to two miles wide, 
containing about 6,840 acres. 

"The reservation is on the right bank of the Missouri river, 
and about one hundred and fifty feet above its surface. Lati- 
tude 39° 21' north; longitude 94° 44' west. 



232 Early History of Leavenworth City and County. 

"On October 10, 1854, a new reservation was declared by the 
President. 

"Referring to Vol. 10, Stat, at Large, p. 1048, Art. 1, will be 
seen the treaty made with the Delaware tribe of Indians, May 6, 
1854. 

"Attention is invited to the Quartermaster-General's report 
to the Secretary of War, December 4, 1871, as follows: 

" 'The state (Kansas) was admitted to include all territory 
within certain boundaries, except certain Indian lands which by 
treaty with Indian tribes, could not be included in any state or 
territorial governments, without consent of such tribes. 

" 'I fear, therefore, that the United States has ceded away 
its exclusive jurisdiction over the reservation. 

" 'I am not advised of any law ceding such jurisdiction back 
to the United States. 

" 'Whether, under the Constitution, the reservation of this 
land as a site for a military Post and public buildings, takes it 
out of the effect of the law of 1859, 1 am not able to decide. 

" 'As appears from the report of the Department Command- 
er, under the decision of the Commissioner of the General Land 
Office, the boundaries of the Indian claim as allowed, would barely 
include the actual buildings of the Post proper, leaving outside, 
as far as can be ascertained, hospital, guard-house, arsenal build- 
ings and grounds, upper farm and corrals, forage and hay yards, 
wagon sheds. National cemetery, and indeed all that is valuable 
on the reservation, except the actual buildings of the Post proper. 

" 'I recommend, as the question is a very important one, 
that it be definitely settled by competent authority, and, if it 
can be legally done in such manner as will not impair the present 
usefulness of the reserve as a site for a military Post and govern- 
ment buildings.' 

"Appendix 'A.' 
"Adjutant-General's Office, March 7, 1827. 

"Orders. 

"Extract. 
* * * * * * 

"2 Col. Leavenworth, of the third infantry, with four 

companies of his regiment, will ascend the Missouri river, and 
when he reaches a point on its left bank, near the mouth of Little 
Platte river, and within a range of twenty miles above or below 



Fort Leavenw«rth. 233 

its confluence, he will select such position as, in his judgment, is 
best calculated for the site of a permanent cantonment. The 
spot being chosen, he will then construct, with the troops of his 
command, comfortable, though temporary quarters, sufficient for 
the accommodation of four companies. 

"This movement will be made as early as the convenience 
of the service will permit. 

******* 

"5 All facilities requisite for carrying the provisions of 

this order into effect will be furnished by the proper Departments 
of the Staff, and the Commanding General of the Western De- 
partment is charged with its execution. 

"By order of Major-General Brown. 

"[Signed,] "R JO'NEH, Adjutant General. 

"Remarks. 

"Joint Resolution of Congress 'approved February 9, 1871,' 
authorizes the sale of a portion of the Fort Leavenworth Military 
Reservation to the Kansas Agricultural and Mechanical Associa- 
tion, of Leavenworth county, in the state of Kansas, for fair 
grounds. 

"Act 'approved July 27, 1868,' grants the right of way to 
certain railway companies over the Fort Leavenworth Military 
Reservation. 

"Act 'approved July 27, 1868,' donates a portion of the Fort 
Leavenworth Military Reservation for the exclusive use of a pub- 
lic road. 

"Act 'approved July 20, 1868,' authorizes the sale of twenty 
acres of land in the Fort Leavenworth Military Reservation to 
the Leavenworth Coal Company." 

In addition to that portion of the reservation occupied by 
the fort proper, there are two large farms — the upper and lower — 
the one above the Post, north, in the bottom, and the one south. 
Both are in a high state of cultivation. They are the only farms 
that have proved a success when cultivated by the government. 
There are three railroads passing across the reservation — the Leav- 
enworth, Atchison and Northwestern, leased and operated by the 
Missouri Pacific, running along the west bank of the Missouri 
river across the reservation, north and south; the Rock Island 
and Pacific railroad, entering the reservation from the east, near 
the Post, over the great iron bridge which spans the Missouri 



234 Early History of Leavenworth City and County. 

river at this point; the Kansas Central (now L. K. & W.) which 
enters the reservation at the northeast corner on the river, and 
meanders northwest through the lower farm. The reservation 
lies immediately north, and adjoining the city of Leavenworth. 
The Post or fort lies about two miles north of the city. A splendid 
macadam drive connects the two points. The best of feeling 
has always existed between the officers with their families at the 
fort, and the citizens of the town, and their meetings and greet- 
ings have been very cordial. During the summer a series of mil- 
itary concerts are given by the band stationed at the Post, which 
the people of the city take great pleasure in attending. At the 
public and private entertainments given in the city the officers 
and their families are cordially invited, and appreciate the kind- 
ness shown them. Ever since the establishment of Fort Leaven- 
worth, or at least since the Mexican war, in 1847, it has been the 
great depot of supplies of all kinds for the Posts west to Cali- 
fornia and New Mexico, and south to Texas, Oklahoma and the 
Indian Territory. This fact has caused a great demand for 
quartermaster and commissary stores of all kinds at this point. 
Thousands of dollars have been annually paid out to farmers and 
contractors and like amounts are annually being expended. The 
citizens of Leavenworth and vicinity are the recipients of this 
vast and ofttimes profitable trade. Within the past five years, 
over five million dollars have been expended by the government 
at Fort Leavenworth in the erection of new barracks for soldiers, 
officers quarters, hospital, school buildings, stables, warehouses, 
and the improvement of the grounds, as much more will be 
required in the next five years to complete the plans pro- 
posed by the War Department, to meet the demands for the in- 
creased number of officers and soldiers which are to be stationed 
at this the most important military Post in the West. These im- 
provements furnish profitable employment for a large number 
of contractors and employes and also distribute large sums of 
money among our merchants for materials furnished in the con- 
struction and completion of the work. 

The first white settlers in the county, doubtless, were em- 
ployes of the government at Fort Leavenworth. From the 
best information we can obtain. Elder W. S. Yohe had charge 
of the upper government farm in 1840 and was doubtless the first 
white settler not an officer or soldier. Col. Hiram Rich became 



Fort Leavenworth. 235 

sutler at Fort Leavenworth about the same time Mr. Yohe be- 
came farmer. At the first organization of the Leavenworth 
Town Company in 1854, W. S. Yohe became one of the Town 
Company and one of the first trustees. He settled on his farm 
in Delaware township in 1859, and in a few years after went to 
Cahfornia for his health. In course of time he returned to our 
city where he resided until his death several years ago, highly 
honored and respected as a good citizen and a Christian gen- 
tleman. Col. Rich died at Leavenworth over twenty-five years 
ago. Saml. D. Pitcher was also an old settler, and a farmer at 
the Post long before this county was settled. He was an 
owner of town shares in the original Town Company. 
He moved to Liberty, Clay county, Missouri, where he died. 
Geo. B. Panton, a brother-in-law of Maj. E. A. Ogden, quarter- 
master at the fort, had charge of the lower government farm in 
1850. He was an active member of the Town Company, and 
died several years ago. Lafayette Mills, Esq., was chief clerk in 
the quartermaster's department at Fort Leavenworth, years be- 
fore this county was settled. He lived here in the west part 
of the city several years before his death, a prominent and in- 
fluential citizen. He died several years ago leaving an amiable 
and highly respected widow and daughter who still reside here. 
A number of years ago, the War Department of the govern- 
ment transferred the Military prison at Fort Leavenworth to 
the Judicial Department, and it was immediately occupied as a 
Federal prison, as it was not large enough to accommodate the 
steadily increasing number of federal prisoners in the west and 
southwest portion of the United States. Congress set apart a 
portion of the Military Reservation of Fort Leavenworth, west 
of the Main avenue and adjoining the city on the north, and made 
a liberal appropriation for the erection of a Federal Prison. The 
work was commenced at once. Congress making additional ap- 
propriations each year as the work progressed for the past five 
years. The prison stands on an elevated spot on Metropolitan 
avenue facing the city on the south at the north end of Thirteenth 
street and the Ottawa line of the street railway. A majority 
of the prisoners have already been transferred to it. When com- 
pleted it will be the largest and best appointed prison in the Union, 
a model prison in every respect. When finally completed the 
old Military prison at the fort will be turned back to the Mili- 
tary authorities for confinement of military prisoners. 



CHAPTER XLIII. 



The Early Ministers, Priests and Pastors of the City. 

THE writer regrets exceedingly that he was unable to ascer- 
tain with any degree of certainty, the names of all of the 
early ministers, priests, rectors and pastors, who labored 
so earnestly and faithfully in their Master's vineyard in the early 
days of our city and did so much for the material advancement 
and welfare of our people and the building up of her moral and 
religious interests. 

The writer has, incidentally, in these sketches, spoken of a 
few of the more prominent of these religious teachers as the men- 
tion of the church over which they presided brought them into 
view. He attempted no sketch of the lives of these holy men and 
faithful servants, even had he known them intimately, he would 
leave that to abler and better hands. He will only add a few 
names as he calls them to mind, in addition to those previously 
mentioned. None who knew them will forget. The Revs. Pit- 
zer. Brown, Reaser, Woodward and Page, the devoted workers 
in the Presbyterian church; Revs. Fisher, Mitchell and others of 
equal merit and zeal in the Methodist church; Revs. Scott, 
Kalloch and others of the Baptist church; Revs. J. H. Byrd, 
R. D. Parker, Wm. Kincaid, H. L. Hubbell, J. C. Bodwell, John 
Baldwin, W. H. Thomas, Ralph Newman, J. H. Jenkins 
and Thos. M. Boss of the Congregational church; Elder W. S. 
Yohe, Revs. A. A. Bartholomew, John F. Rodgers, John O'Kane, 
Calvin Reasoner, Jas. J. Sloan, J. P. Bauserman, F. M. Rains 
of the Christian church; B. L. Baldridge, Cumb. Presbyterian 
church; Rectors Stone, Egar, Barry and others of the Episcopal 
church; Rev. Fathers Fish, Hyman, Defouri, Fitzgerald, Cun- 
ningham and other celebrated priests of the Catholic church. Of 
the early Jewish Rabbis the following names I call to mind: 

236 



Ministers, Priests and Pastors. 237 

Rabbis Jacobs, Kalish, Machol, Brill, Saft, Raphael, Stemple, 
Meyers, Rubenstein, Rosenspitz, Marks, Frey, Kahn, Liknaitz. 
The first Jewish worship in this city was held in 1855. Some 
of our first merchants who commenced business in our city in 
1855 were Jews. The first Jewish congregation organized was 
in 1859. The first synagogue was built in 1864, corner of Sixth 
and Osage streets. 



APPENDIX 

INCIDENTS PERTAINING TO THE EARLY 

MEMBERS OF THE LEAVENWORTH 

COUNTY BAR. 



AUTHOR'S NOTE 

In addition to the foregoing "Early History of the City and 
County of Leavenworth, ' ' the writer has added the follow- 
ing sketches of the early lawyers who were admitted to the 
bar, took the prescribed oath, and signed the roll of Attor- 
neys of the First Judicial District of the Territory of Kansas, 
from the organization of the court in this city in April, 1865, 
to the admission of the state. In the order in which their 
names appear on said roll, now on file in the clerk's office of 
the District Court of Leavenworth County, Kansas. 



A List of Practicing Attorneys 

in the First Judicial District, Territory of Kansas 

Up to the Admission of the State 



CHAPTER I. 



The Members of the Bar Who Settled In Leavenworth and 
Practiced Law In Early Days and Others Who Were 
Enrolled as Members of the Bar. 

THIS is a very fruitful and diversified field of labor, and the 
writer enters upon its consideration with considerable mis- 
trust as to his ability to do the subject justice. I will not 
intentionally overlook anyone who had the honor to be a member 
of the bar and who resided in this city up to the date of the ad- 
mission of the state into the Union, January 30, 1860. I will en- 
deavor to do even-handed justice by each and every one whose 
name I shall mention. My reason for these prefatory remarks 
are, that owing to the very bitter personal feelings that were en- 
gendered between the Pro-Slavery and Free State settlers during 
the troublesome years of 1854, '55, '56 and '57, in which the law- 
yers with others took an active part; while they were all no doubt 
high-minded and honorable gentlemen, they at times allowed 
their prejudices to warp their better judgments. I do not pro- 
pose to pronounce any panageries upon anyone, but to confine 
myself strictly to the facts in each case as I saw them and as they 
passed in review, without prejudice or favor towards anyone. 
Most of the boys have long since gone over the divide, as they say 
in western parlance, and many of them have long since been for- 
gotten, only as their names appear in old papers and pleadings on 
file in the musty records of the district court or the investigations 
of some real estate transaction of long years ago, is brought to 
light by the silurian borings among the strata of past generations, 
by that archaeologist of the register of deeds' office, Yelept, an 
abstractor of titles and troubles. 

Upon reflection, I have concluded, as the fairest and most 
satisfactory way, to take them in the order in which they were 

241 



242 Appendix. 

admitted to the bar in this city, as their names appear upon the 
original roll of attorneys as signed in their own hand-writing and 
kept in the district court clerk's office, which roll is still being 
signed by each attorney as he is admitted to the bar on motion or 
by examination. 

The following named gentlemen took the following oath of 
office and signed the roll of attorneys at the organization of the 
first court held in the territory and in this city on April 18, 1855. 
As I have previously stated there was no special business done at 
this meeting of the court, except as above, as there was no busi- 
ness to be done, and the court adjourned to September, 1855. 

It must be borne in mind that this was a United States ter- 
ritorial court under the laws of the United States and governed 
by those rules and laws as applied to territories and the provi- 
sions of the Kansas-Nebraska Bill, under which we were admitted. 
As soon as a territorial Legislature was elected and had met and 
passed laws, and a code of procedure, and provided terms of a 
territorial court, the courts were duly organized as such, and the 
wheels of justice set in motion with proper territorial and county 
officers in each organized county in the territory. There were 
but three judges and each assigned to a separate district. As 
soon as possible before the time set for the organization of the 
courts by virtue of the territorial laws had been reached and that 
there might be no conffict as to time of meeting, as the same 
judge would ex-officio hold both courts, one of them was ad- 
journed to the time of the regular meeting of the other court as 
provided by law. This prevented any friction and both courts 
were held fully equipped and moved on in regular order, under 
the charge of the several officers as provided by law. 

All of the attorneys who took the oath of office and signed 
the roll were not necessarily residents of the town, but came to 
attend court as they had, or might thereafter have business be- 
fore it. The object in publishing the oaths at this time in this 
connection is to simply show what kind of oath only was required 
at the organization of the court, and an entirely different oath, 
at least with additional provision, was required six months after, 
when it was evident that perchance a class of attorneys who 
might entertain different views upon the question of slavery in 
the territory of Kansas would apply to be enrolled as members of 
the bar of this district, thus will be seen the partisan spirit which 



Early Members of the Leavenworth Bar. 243 

had already been developed in other transactions and would soon 
reach a culminating point and no doubt break out in open revolt, 
being insidiously ingrafted into even the oath required to be 
taken by attorneys who desired to practice law or appear before 
this honorable court. Ordinarily there being no special form of 
oath required by statute to be taken by attorneys, I opine the 
Judge would have the right and it might be his duty to prescribe 
the form of that oath; who ordered or caused the oath to be 
changed at the regular adjournment of the court in September, 
1855, deponent saith not. 



CHAPTER 11. 



A List of the Lawyers of the Territorial Days of Kansas, 
OF THE First Judicial District and Who Signed the Roll 
OF Attorneys and Took the Following Oath of Office, 
AS Their Names Appear on Said Roll in the Order and 
Date in Which They Were Enrolled and Signed the 
Same, in Their Own Hand- Writing. Said Roll is on 
File in the Clerk's Office of This First Judicial Dis- 
trict OF Kansas at the Court House in This City. To- 
gether With A Brief Sketch of Each Member so Sign- 
ing, AS Remembered By the Writer, Who Was Person- 
ally Acquainted With Most of Them. 

AS we have said in a previous article, the first territorial court 
held in Kansas, was organized April 16, 1855, and met in 
this city in a room over J. L. Roundy's furniture store on 
the south side of Delaware street between Second and Third 
streets, in a two-story frame building (afterwards burned in the big 
fire of 1858) and located at or near where the law office of L. B. 
and S. Wheat now stands. Said court was presided over by Judge 
S. D. Lecompte, who had been designated by the President to pre- 
side over the court of the First Judicial District, then comprising 
all that portion of the territory east and north of the Kaw and 
Blue rivers. Many of the gentlemen who signed the roll were 
non-residents of the city and some of them never practiced law 
here or at least, but little. 

The following oath of office was administered to each attorney 
by the clerk of said court before signing the roll : 

"I do solemnly promise and swear (or 

solemnly, sincerely and truly declare and affirm,) that I will well 
and properly behave and demean myself in the office of Attorney 
of the First District Court for the First Judicial District of the 

244 



Early Members of the Leavenworth Bar. 245 

territory of Kansas, in all things appertaining to the duties of 
such office, according to the best of my skill and judgment, and 
that I will support the constitution and laws of the United States 
and of said territory. I believe in the divinity of the Christian 
religion." 

The first one to sign the roll as appears on record was John 
A. Halderman, attorney-at-law, April 19, 1855. Mr. Halderman 
came to the territory in the fall of 1854. He first stopped at Fort 
Leavenworth and soon after he located in this town and opened 
an office. A short time after. Governor Reeder appointed him as 
his private secretary and he remained as such for nearly a year, 
when he resigned and commenced the practice of law in this city. 
After the organization of the county of Leavenworth by the ter- 
ritorial Legislature of 1855, Judge Halderman was appointed pro- 
bate judge and ex-officio a member of the Board of County Com- 
missioners of the count)^ of Leavenworth. As such commissioner 
he was true and loyal to the city of his adoption as against the 
fraudulent assumption of Kickapoo and Delaware in the trial of 
the location of the county seat of Leavenworth county in 1856. 
In this contention, as is well known and as we have spoken at 
length in the early sketches of Leavenworth on this subject, that 
delectable and much voting burg, Delaware, by the decision of a 
majority of the county board became the county seat for a short 
time. Judge Halderman afterwards opened his law office in a 
frame building which he had erected on the southwest corner of 
Shawnee and Second streets. Capt. W. S. Stanley, of the far- 
famed Shield's Guards, was his law partner for a number of years, 
under the firm name of Halderman & Stanley. When the Civil 
war broke out in the spring of 1861, Judge Halderman was among 
the first to respond to President Lincoln's call for volunteers; he 
assisted in organizing the 1st Kansas Volunteers and was com- 
missioned Major. He was in the battle of Wilson Creek, where 
he distinguished himself by his bravery. He was afterwards com- 
missioned a Brig.-General by the President and shortly after the 
close of the war was appointed U. S. minister to Siam, where by 
his skill and ability he greatly advanced the commercial interests 
of the U. S. with that country and received marked credit for the 
same from the State Department of this country. He now resides 
in Washington, highly honored and respected. He is but one of 



246 Appendix. 

the very few of the early lawyers and settlers of this city and 
state still living. 

The second name on the roll of attorneys is that well known 
and distinguished citizen, Richard R. Rees. Who in this city 
and state and more especially in Masonic circles, does not remem- 
ber or was not acquainted with Hon. R. R. Rees in his lifetime. 
He came to Leavenworth in the fall of 1854 from Missouri and 
opened a law office; of course but little law business was done 
here at that time. He was elected to the first territorial council 
in the spring of 1855 as one of the members of that body from this 
city and county, and as chairman of the judiciary committee he 
doubtless prepared and had passed more laws by that Legisla- 
ture than any half-dozen members of that body. So anxious were 
they to pass a full code of laws for the territory at this first ses- 
sion, that they adopted them bodily from the statutes of Mis- 
souri, in several instances leaving in the word "state" of Kansas, 
instead of "territory" of Kansas. So that before the close of the 
session they were obliged to pass a special law, saying that where 
the word "state" occurred, it should read, "territory". Judge Rees 
was unfortunate at that session, in this respect, so eager was he 
and others of like ilk, to fasten the institution of slavery upon the 
people of the territory nolens voltns, that he prepared, and had 
passed, that outrageous and cruel statute, entitled "Slaves, — an 
act to punish offenses against slave property, Chapter 151, pages 
715, 716 and 717, laws of 1855." The Judge deeply regretted 
in after years his part in the passage of this law, when he became 
better acquainted with the Free State citizens of our city and 
state, many of whom were among his most devoted friends to 
the day of his death and still cherish his memory with the most 
sincere respect and affection. After his return from the Legis- 
lature he was elected probate judge of this county and also jus- 
tice of the peace for a term of years, both of which offices he filled 
with credit to himself and the honor and esteem of his fellow citi- 
zens. As there was a poetical and musical vein of humor per- 
meating the mental and physical composition of Uncle Dick 
Rees, as he was familiarly called by his friends, it may not 
be out of place to relate one or two anecdotes, illustrative of this 
pleasing peculiarity of our old friend. He occasionally courted 
the rhyming muse, but his best efforts were shown in more plain- 
tive musings, some of which have been preserved. Another trait 



Early Members of the Leavenworth Bar. 247 

of his musical character was his fondness of dancing, not the new 
f angled fancy dances of the present day, but the good old fash- 
ioned dances of olden times as he called them, Virginia reel. 
Money Musk, quadrille, etc., etc. The Judge rarely ever missed 
a public ball in those early days. He always wore on these occa- 
sions a blue broadcloth, swallow-tailed coat with brass buttons 
and closed with one button near the top a-la Daniel Webster 
fashion. As he recognized that music was the poetry of motion, 
when the band began to play. Uncle Dick began to dance; he gave 
but little attention to the prompter, so that he got in all the mo- 
tions and missed no steps. In the quadrille for instance, if the 
call was "alamene left and swing your partners," he invariably 
turned to the right and swung or tried to swing the lady on his 
right and the same in ladies to the right and all hands around. He 
always turned the wrong way and circled around with the wrong 
lady, leaving his partner to get back to her place the best way 
she could. At first these peculiar motions and changes of Uncle 
Dick were annoying, but as he seemed so anxious to dance and do 
the right thing if possible, his antics only created merriment 
than otherwise. He always insisted that he had a "bully good 
time" and I "reckon" he did, whether others did or not. 

I call to mind a rather amusing incident in which Judge Rees 
was the central figure. Judge Pettit was holding court in the 
present city council chamber, which was then used as a court 
room, one afternoon, most of the members of the bar were pres- 
ent. It was motion day if I remember aright and the arguments 
of counsel were dragging along slowly, the Judge was seated on 
the rostrum listening attentively to the arguments, but almost 
hid from view by the high counter in front of him. Uncle Dick 
was seated directly in front and below the Judge and completely 
hid from his sight, dressed a little slovenly with slippers on, his 
socks down to his heels, his pants evidently cut in high water, up 
to his knees, showing his little bare, freckled, red legs from his knees 
down to his heels, his feet braced against the table in front of him 
and hanging by the back of his head to the top of his chair, (a 
favorite position of his, when sitting in a chair,) he held in his 
hands a gold headed ebony cane of which he was justly proud, 
presented to him by the Masonic fraternity for his long and valu- 
ble services to that order. He was holding and playing upon it 
in imitation of a flute, eyes closed and oblivious to all his sur- 



248 Appendix. 

Foundings. His appearance was so comical and ludicrous that 
it produced a smile almost convulsive, upon all present, to the 
great annoyance of the court and the suspension of business. 
The Judge, with a frown, inquired the cause of the unseeming 
hilarity, when it was pointed out to him. He was very indignant 
and rising from his chair he reached over his desk and with his 
cane soon stirred Uncle Dick out of his musical cantata, with the 
remark, "get out of here making a monkey of yourself for the 
amusement of the crowd." Uncle Dick clambered out, highly in- 
dignant at the Court's remark and replied with a very caustic 
response. To this the Judge made no reply. Order was soon 
restored and the business proceeded in the usual manner. The 
next morning. Uncle Dick came into court and apologized to the 
Judge for his hasty reply the day before, and all was again serene 
as a May morning. It was on the above occasion that Judge 
Pettit came down on Mr. Valentine, in so severe and savage a 
manner. Judge Valentine was then a young lawyer just out 
from Indiana on his way to southern Kansas to seek his fortune 
and had stopped over at Leavenworth and naturally visited our 
court. On that occasion he was sitting on the back seat within 
the bar near the window listening to the arguments of the lawyers, 
in plain view of Judge Pettit. When the incident with Uncle 
Dick occurred he had joined with the other onlookers in the 
laughter. As soon as the Judge's eye rested upon him, he snorted 
out, "young man over there, what are you grinning about 
like a chessey cat?" Valentine made no reply to this on- 
slaught, but seizing his plug hat of the vintage of the early fifties, 
slid in a crouching manner like a whipped spaniel out of the 
court room. We saw or heard no more of him till years after 
when he was elected one of the supreme court judges of the state 
of Kansas, which position he filled with honor, fidelity and abil- 
ity for a long series of years. 

The third name on the roll of attorneys is that of D. J. John- 
son, who came to our town in the fall of 1854, I think from the 
state of Georgia. He was a lawyer of fine ability and splendid 
natural attainments and being on the then popular side of poli- 
tics and a good fellow generally, he soon acquired a very lucra- 
tive law practice for a new country. By the boys and his boon 
companions he was called by the familiar name of Dave Johnson, 
by others, the Kentucky cognomen of Col. Johnson. While a 



Early Members of the Leavenworth Bar. 249 

strong Pro-Slavery man in sentiment, he was always tolerant, 
kind and liberal in his treatment of those who differed with him 
on the question of slavery in this territory. In all the border 
troubles in this city and vicinity, he took no active part against 
the Free State citizens as I saw, or was advised. Like so many 
of the brightest young men of those early days, especially in the 
legal profession, his genial good nature led him too often into con- 
vivial excesses, which greatly weakened his otherwise strong phy- 
sical constitution and dimmed his brilliant mind. He and James 
M. Lysle, of whom we shall speak hereafter, were law partners at 
the time of Lysle's death and had been for some time previous. 
Col. Johnson practiced law here for a number of years very suc- 
cessfully before he died. 

A. McCauley is the fourth name on the roll of attorneys. 
He came here in the fall of 1854 from St. Paul; originally, I be- 
lieve he came from Pennsylvania. While he kept a law office 
and was ostensibly a lawyer by profession, he did not confine him- 
self to the practice of law. As he had money, he speculated in real 
estate in the city and also by himself and in conjunction with 
Dr. John W. Day (who came here from St. Paul, about the same 
time) laid out and platted several additions to the city which 
bear their names on the maps of the city. Mr. McCauley held sev- 
eral offices of honor and trust in the city ; he died and was buried 
here, leaving a wife and daughter; he was a man of high standing, 
an active, useful citizen and did his part to build up and advance 
the best interests of the city ; he died honored and respected by all 
who had the pleasure of his acquaintance. 

James M. Lysle's name appears fifth on the roll of attor- 
neys. He also came from the South, was a fair young lawyers 
but gave considerable attention to politics and held one or twoj 
public offices in the city and county. He was an ultra Pro-^ 
Slavery man of strong and bitter prejudices towards Free State 
men, a sort of leader among the young men of that class in the 
city, personally brave, but aggressive and reckless in his demeanor 
and conversation; often in quarrels with those who differed with 
him on political matters, he always went armed, as was the^^ 
almost universal custom on both sides in those days. Lysle was 
looked upon as a dangerous man when aroused, especially by 
Free State men, and many of them were constantly on the alert 



250 Appendix. 

when in his presence although he was friendly and companionable 
with those of his own political belief. He met his Waterloo at a 
Free State election held in the spring of 1858 in this city. The 
polls of which he and some others undertook to break up in the 
Second ward. He made a furious attack upon the judges and 
clerks with deadly weapons and was resisted and in the fight he 
was struck in the breast with a Bowie knife in self-defense by 
s^illiam Haller^ one of the clerks of the election and a quiet young 
Free State man, from which blow Lysle died shortly after. Hal- 
ler was taken to the fort for safe keeping. He was never tried for 
this homicide. 

D. A. N. Grover. His name appears as sixth on the list of 
attorneys. Mr. Grover was located in the territory several years 
before it was organized as Kansas territory. He lived near the 
present town of Kickapoo, with his father who was at the time 
a missionary among the Kickapoo Indians. At the first squatter 
meeting held in Salt Creek Valley at Riveley's store, June 10, 
1854, shortly after the passage of the Kansas-Nebraska Bill, Mr. 
Grover was elected by the squatters as recorder of squatter's 
claims on the Kickapoo lands, so called, and also the Delaware 
Trust lands upon which Leavenworth was laid out and the lands 
south and west of the town, not included in the Muncee tract, 
south of and adjoining the townsite and now occupied by the Sol- 
dier's Home, or the adjoining Kickapoo lands on the north. This 
record so kept by Grover became very important afterwards as 
V partial proof in determining the priority of claims of the squat- 
ters who had settled upon these lands and their claims were con- 
tested before the U. S. land office at Kickapoo, or before arbi- 
trators or squatters' courts to settle these sometimes vexed, and 
often doubtful and dangerous questions, owing to the bitter feel- 
ings which existed between Pro-Slavery and Free State men, 
where this contention arose or was present, and especially was 
this true where the improvements, if any so made, were a mere 
foundation of four poles or logs laid on the land for a cabin, or 
that the claim was a mere temporary squatting and abandoned 
for a long time by the original claimant who perchance had re- 
turned to Missouri to cultivate and improve his plantation there, 
with no thought of making a permanent settlement in Kansas. 
Mr. Grover practiced law only to a limited extent while he re- 



Early Members of the Leavenworth Bar. 251 

sided in this state. He removed to Kansas City, Mo., several 
years ago and if living still resides there. 

David Dodge whose name appears as seventh on the roll 
of attorneys, while perhaps his law practice was limited, took 
a very active part in the affairs of the city, county and territory, 
holding several offices of honor and trust by appointment and 
the suffrages of his fellow citizens. 

B. H. Tw'OMBLY, the eighth name on the roll of attorneys, 
resided on his farm near the town of Delaware. He was said to 
be a very well read lawyer, though not much of an advocate at 
the bar, he did not solicit business in the courts or at the bar, 
preferring the quiet and less laborious life of an honest tiller of 
the soil ; he however took an active part in the political affairs of ■ 
the county and commonwealth, holding several offices of honor 
and trust. He died as he had lived, an honest and respected citi- 
zen, a kind neighbor and friend. 

Cole McCrea, the ninth name on the roll; just how it came 
there at that time, or even at any time has always been somewhat 
of a mystery to the members of the bar who knew him. Whether 
he placed it there surreptitiously or as a joke, has never been de- 
termined. 

After the homicide of Malcolm Clark by McCrea, April 30, 
1855, he was hurriedly taken to Fort Leavenworth in a govern- 
ment ambulance to save him from the fury of an excited crowd 
who would have executed summary punishment upon him had 
he not escaped their vengeance. He was placed in the guard- 
house at Fort Leavenworth, from which he was allowed to es- 
cape, it was said at the time, by the connivance of a soldier guard. 
He did not return here until many years after, when the excitei 
ment had passed away and the principal witnesses had died or 
left the country. The only case I call to mind of his ever having 
in court was one morning when he appeared before Judge 
Pettit to defend some poor devil who had little or no money to- 
employ an attorney. McCrea arose in the bar and addressed his 
Honor. Pettit looked over the top of his spectacles in his usual 
way, when first spoken to from the bar, and seeing a man in an 
unkempt condition, beard long and shaggy, hair not combed, ' 
linen and clothes generally demoralized and dirty, eyes red and ' 



252 Appendix. 

face bloated, the Judge not knowing McCrea, and supposing from 
his appearance it was a prisoner at the bar, shouted in a loud 
voice, "Sit down and let your counsel speak for you." At this 
outburst a smile spread over the faces of the lawyers present, till 
the clerk of the court suggested to his Honor that McCrea was an 
enrolled attorney at the bar. The Judge with a grunt, responded, 
"I did not recognize you as a lawyer from your appearance, go 
on sir, what have you got to say?" Shortly after this McCrea 
.turned his attention to the more congenial employment of making 
axe handles and in a year or so left the country. When the Civil 
war broke out, he enlisted in the Union army and we learn did 
his part most nobly as a prompt and energetic "coffee cooler," 
which brave act insured him a place as an inmate for a long term 
of years at the Soldier's Home below the city, where he died a few 
months ago. 



CHAPTER III. 



Charles H. Grover. 

THE tenth name on the roll of attorneys was a brother of D. 
A. N. Grover and raised at the same place near the present 
village of Kickapoo in Salt Creek Valley. He was elected 
the first county attorney of the county of Leavenworth and per- 
formed the duties of said office with commendable zeal and abil- 
ity, although at that early day the performance of the same was 
not intricate or laborious. I call to mind the most important 
criminal case he had to prosecute during his term of office, and^ 
one that created a good deal of just excitement in the community/' 
on account of the cruel and unjustifiable outrage upon civilized 
society only equaled by the inhuman acts of the cold blooded 
savages of the western plains. I refer to the murder and scalping 
of Mr. Hopps on the old Lawrence road just west of Greenwood-- 
cemetery, in the summer or fall of 1855 by that devil incarnate, 
Sam Fugate. That he was guilty of the diabolical act, there was; 
no question, from his drunken boast (and it was said a bet ofl 
ten dollars) before he left town that afternoon, that he would get 
an Abolitionist's scalp before night, and the further fact that he 
was seen to ride away from the spot where the body was found 
and the additional fact that he exhibited the bloody scalp to a 
certain party a short time afterward and boasted of his prowess 
and how he obtained it. It may not be out of place here briefly 
to relate the circumstances of this terrible crime as known to the 
writer of this sketch from his own knowledge of the facts and 
from witnesses of the same who related them to him either before 
or after the trial. Sam Fugate was raised in Platte county, Mis- 
souri, by old Squire Todd, one of the leading citizens of that coun- 
ty, who lived about seven miles east of this city. Fugate was a 
wild, reckless, dare-devil, no-care sort of a boy. As a young man 



254 Appendix. 

he was dissolute and intemperate, spent most of his time in the 
summer season on the plains as a teamster and in the winter he 
loafed about Weston and Platte City with boon companions, 
drinking and carousing. The opening of settlement to Kansas 
and the exodus of Missourians in the way and manner it was done, 

^and the sole motive that actuated most of those reckless young 
men who migrated from that state at the behest of its leaders, 
to fasten the institution of slavery upon the territory, by driving 
out all Free State men, (Abolitionists, as they called them) to 
have a good time generally, with no object or intention of settling 
permanently in the territory. Fugate belonged to this class of 
desperate young men ready for any emergency that might arise, 
perfectly indifferent to the results. Mr. Hopps, the victim of 

^ this escapade, was almost an entire stranger in the territory. He 
came from Massachusetts and stopped in Leavenworth for a few 
days, hired a horse and buggy at a livery stable and drove over 
to Lawrence to visit his relative, Rev. Nute. It was on his 
return about 4 o'clock p. m. that he met Fugate, who saw him 
coming down the hill and waited at the bridge for him to come up. 
The old Lawrence road at that time followed around the valley 
from near Pilot Knob south of the then George Fisher claim, now 
partially owned by Chauncey Flora. Fugate passed several parties 
on his way out, and among the number was Riley Todd, whom 
he well knew from his boyhood. Mr. Todd was in charge of a U. 
S. government mule train, going to Fort Scott with Quarter- 
master's supplies. He came near Fugate and saw him leave the 
horse and buggy of Mr. Hopps and ride rapidly away up the road 
towards Marion Todd's house, two or three miles distant and off 
the main Lawrence road to the right. Fugate showed the scalp to 
Mrs. Todd and told how and where he got it. She was so shocked 

"at the damnable outrage that she drove him from the place and 
he left the country for some months. Mr. Hopps lived long 
enough to tell those who first reached him, that the man who 
stopped him on the bridge enquired where he came from and being 
told, first shot him and then scalped him. The body was brought 
to town and the next day taken to Lawrence. Fugate was after- 

\ wards arrested and put upon trial for the murder, before Judge 
Lecompte and a jury of twelve men. Hon. M. J. Parrott and 
the writer of this article were employed to assist M^jGrover, 
county attorney, to prosecute the case. Hon. John Wilson, Dave 



Early Members of the Leavenworth Bar. 255 

Johnson and one or two others, all able lawyers, were employed 
to defend him. Although a motion with affidavits was filed on 
account of the absence of Riley Todd, v/ho was in New Mexico 
and Mrs. Marion Todd who was in North Missouri both material 
witnesses, etc., etc., the court overruled the motion and forced^ 
the territory to trial. There were but three or four Free State \ 
men upon the regular panel of jurors and they were soon excused 
for cause, or challenged pre-emptorily. I need hardly say that 
with such a court or jury it was impossible to convict Fugate oi* 
any degree of homicide or manslaughter under the circumstances, 
and so the farce ended. 

Amos Rees, the eleventh name on the roll of attorneys -' 
was for a long number of years one of the leading lawyers 
of Platte City, Missouri. He was one of the original members 
of the Tow-n Company of Leavenworth and took an active 
part in its affairs as one of the three trustees of the organ-'' 
ization from its first inception until its final wind up and 
dissolution, by the sale of the townsite by the U. S. Gov- 
ernment, pursuant to the treaty with the Delaware Indians. 
The original owners by their agent and representative, 
chosen by them at their last meeting pursuant to resolution, 
purchased the original townsite lot by lot as it was sold from the 
town plat, originally laid out and filed by them in the Register 
of Deeds' office of the county of Leavenworth, the said agent 
afterwards making a deed to each respective owner, thereby per- 
fecting the title in themselves and those to whom they had pre- 
viously sold and conveyed b}^ contract for a deed when the same 
should be sold by the government as above stated. Mr. Rees 
continued to practice law very successfully for a number of years ' 
in this city. His name is best preserved in the public mind how- 
ever, in the name of the addition to the city proper, known as the 
Clark & Rees addition, lying immediately south of Three Mile- 
creek and adjoining the original townsite. Mr. Rees w^as a man 
of most exemplary moral character as well as an able lawyer and j 
a true Christian gentleman, a kind and affectionate husband andj 
father, beloved and respected by all who knew him. He died in 
this city a number of 3'ears ago, leaving a widow and an interest- 
ing family of whom we have spoken in a former chapter. 



256 Appendix. 

Peter J. Abell, the twelfth name on the roll, was an able 
lawyer who moved from Brunswick, Mo., to Weston, Mo., in 1849 
or '50 and was the head of the distinguished firm of lawyers, 
V, Abell & Stringfellow, (of the latter we shall speak more at length 
when we reach his name in the roll.) Mr. Abell never resided 
in this city and only came here occasionally to attend the U. S. 
territorial court. As a lawyer he stood in the front rank in north- 
ern Missouri and Kansas. He became interested in the town 
of Atchison soon after its first settlement in 1854 and moved 
there from Weston in the spring of 1855, I think. He was a man 
of strong political prejudices in favor of carrying slavery into 
Kansas and was an active local leader in that behalf. He died 
several years ago in that city. 

John Doniphan, the thirteenth name on the roll, came to 
Weston from Kentucky in 1849, and soon took rank as a bright 
and promising young lawyer. The name and relationship helped 
him to get a start in his profession, as he was a nephew of the 
justly celebrated and distinguished lawyer, statesman and gallant 
Col. Alex. W. Doniphan, of Mexican war fame, (known as Doni- 
phan's Expedition to New Mexico,) who fought the great battle 
of Sacramento and drove the Mexicans out of that country and 
delivered it over to the U. S. Col. Doniphan resided at Liberty, 
Mo. The settlers of Doniphan county in this territory honored 
themselves and their county by naming it after Col. A. W. Doni- 
phan, one of the noblest, bravest and most chivalric gentlemen, 
who ever resided in the proud old commonwealth of Missouri. 
Be it said to his honor and credit that though born and reared 
in Kentucky, under the aegis of slavery, and living in 
a border county of Missouri, where the people, almost 
to a man, were determined to force slavery into Kansas, 
Col. Alex. W. Doniphan, during that long and bitter strug- 
gle, took no active part against our Free State settlers and 
led no marauding mobs from Missouri into Kansas to do our vot- 
ing, or lay waste our towns and country and murder our de- 
^fenseless citizens, as did Atchison, Stringfellow, Reed and other 
leaders of less notoriety. John Doniphan, of whom we now 
speak, soon after the settlement of Kansas moved from Weston 
to St. Joseph to occupy a more extended and prosperous field for 
the development of his legal talents. Of course he soon received 



Early Members of the Leavenworth Bar. 257 

that Kentucky cognomen, "Colonel." Who ever heard of a dis- 
tinguished son of Kentucky who did not have the prefix Colonel 
to his name, and thus plain, honest John Doniphan became Col. 
John Doniphan, now one of the leading lawyers of St. Joseph and 
attorney and counsel for several of the most prominent and 
wealthy firms and corporations in that truly enterprising city. 
8uch is life and luck in the great and growing West. No bright 
light or brilliant talents are hid under a bushel. 

C. F. Burns, the fourteenth name on the roll, resided atWes-^ 
ton, Mo., at that time, if I remember aright, and was a partner of 
his brother, Hon. James N. Burns, so well known in after years as 
a lawyer, politician and member of Congress from the St. Joseph 
and Platte county district in Missouri. C. F. Burns practiced 
law only a short time as a profession or for a livelihood, preferring 
the more congenial calling of a banker in St. Louis and St. Joseph,' 
where he died a few years ago. He was the youngest of five 
brothers of the Burns family, all were men of ability and at one 
ime were the leading business men and politicians of Platte ' 
county and of upper Missouri. The writer knew each and all of^ 
them intimately, for a long series of years, both in Missouri and 
Kansas; they all passed away several years since, highly honored 
and respected. 

W. B. Almond, the fifteenth name on the roll, resided at 
Platte City at this time; had been district Judge of the Platte 
district for a number of years previous. A year or two later he 
went to California and was soon thereafter elected a Judge of 
the district court in San Francisco. He died there. 

Wm. G. Mathias, the seventeenth name on the roll, came to 
this town from Baltimore, Maryland, in the fall of 1854 with Judge'' 
S. D. Lecompte. As soon as the court was organized, Mr. Mathias 
at once occupied a prominent position at the bar, and so continued 
during his entire practice, but more especially as a criminal law- 
yer and as assistant prosecuting attorney of this county. He 
also early took an active part in politics and was elected to the 
House of Representatives from this county to the First Terri- 
torial Legislature in the spring of 1855 and was honored by that 
body, being elected speaker, which position he filled with great j 9iu<^h-^ 
credit to himself and honor to those he so faithfully represented. t^^f^ 



258 Appendix. 

He was a kind, courteous, affable, Southern gentleman, a success- 
ful practitioner for a long series of years in this city of his adop- 
tion, a man of most generous impulses and highly respected by 
all who knew him. He died several years ago, leaving a highly 
cultured and refined widow, a son and two most estimable and 
accomplished daughters. 

Marens J. Parrott, the eighteenth name on the roll, came 
to Leavenworth from Dayton, Ohio, in the fall or early 
winter of 1854-5. He brought with him the reputation 
(having been a member of the Ohio Legislature the pre- 
vious winter) as a good lawyer, a cultured and polished 
gentleman, a man of fine literary attainments, a very fluent 
and eloquent speaker, which accomplishments soon justly 
earned for him the title of the silver-tongued orator of Kansas. 
Mr. Parrott did not devote much of his time to the practice of law, 
his father being wealthy and perhaps too generous and indulgent 
a parent, liberally supplied him with funds so that he did not 
have to depend upon his profession for his maintenance or sup- 
port, and not being inclined to the labor and drudgery of the law, 
he early turned his attention to politics, while not so profitable, 
were more congenial to a man of his~Hisposition and attainments. 
He at once espoused the Free State cause and took an active and 
leading part in all the public meetings and conventions of that 
party throughout the territory. In the times which followed, of 
the greatest dangers to the lives and liberty of the leaders of that 
movement, Mr. Parrott, like some others, made it convenient to 
be absent from the territory until the most dangerous part of the 
storm blew over and then returned as they did to enjoy the bene- 
fits and rewards earned by the struggles and dangers of those 
who remained and endured them; that the fire upon the holy 
altar of freedom might not be quenched in this fair land of ours, 
but continue to glow and burn as a beacon light to the nations 
of the world. In after years Mr. Parrott was honored by the 
Free State people of the territory by being elected as a delegate 
to Congress, which position he filled to the best of his ability 
and with honor and credit to himself and the people of the terri- 
tory. Mr. Parrott married the Mrs. Louisiana Isaacs, the widow 
of Col. A. J. Isaacs, the first Attorney General of this territory, 
a highly cultured and accomplished Southern lady. They spent 



Early Members of the Leavenworth Bar. 259 

a year traveling in Europe, and then returned here. Mr. Par- 
rott's health failed and they went to Dayton to reside and where 
he died shortly after. 

On the 17th of April, the following named gentlemen were 
enrolled: 

J. Marion Alexander, the ninteenth name on the roll, 
came to this city in the fall of 1854 from Pennsylvania' 
and opened a law and land office but gave more attention to^ 
the latter as, pecuniarily, it was more remunerative, es- 
pecially if the party had money to invest and speculate 
with, and Col. Alexander seemed to be fairly well supplied 
with this adjunct of success in a new country. He remained 
here taking an active part in business and politics, and al- 
though he came from a free state he steered his political bark with 
so much skill and shrewdness^ like some others we might mention 
of those days, who hailed from similar localities, that he avoided 
the rocks and vortex of Scylla and Charybdis, which so vexed the 
pathway of many of these land jack tars. He remained here till 
after the Civil war broke out, when he went as chief clerk with 
Judge G. W. Gardner, who had been appointed an assistant 
commissary of subsistence in the Union army. He remained 
with him in the above capacity until the close of the war, when 
he went to Florida it was said, to invest his generous accumula- 
tions from his lucky cotton pickings. He resided here no more, 
but eventually returned to his Eastern home where he died several^ 
years ago. 

William Weir, Jr., whose name appears the twentieth 
name on the roll, was also a Northern man, who resided in 
Wyandotte, then an Indian village at the mouth of the Kaw 
river, but located in Leavenworth county as then laid out. Mr. 
Weir was an able lawyer and successful practitioner. Soon after 
the Civil war commenced, he with others raised the Fourth 
regiment of Kansas volunteers and was commissioned its 
Colonel. He was a brave and gallant soldier and served his 
country with honor and distinction in Missouri and Arkansas 
in the army of the border under Generals Curtis and Blunt. 
After the war he returned to his home, but did not long sur- 
vive the hardships and diseases incident to the war. 



260 Appendix. 

William Philiips' name appears the twenty-first on the 
roll. He came to this town in the fall of 1854, from 
Ohio, I believe, bringing his family with him. He built a 
small house and occupied the same as a residence and 
law office on the south side of Delaware near the corner 
of Second street. He was said to be a very fair lawyer, but 
practiced but little in the courts as he was soon placed under ban 
by the ultra Pro-Slavery men, on account of his outspoken and 
active position on the slavery question. In addition to this, he 
was accused very unjustly I am assured, by certain parties, wdth 
handing to Cole McCrea at the time, the pistol with which he shot 
Malcolm Clark at the old settlers meeting on the Levee, April 
30, 1855. The excitement over the above homicide continued to 
exasperate the people of the town until it found vent in the organ- 
ization of a vigilance committee of the more ultra of the Pro- 
Slavery propagandists who sought to give every unfortunate oc- 
currence or crime committed in the town, a political turn, to the 
prejudice and injury of the Free State citizens. This self-ap- 
pointed committee soon selected Mr. Phillips as a victim of their 
displeasure and first sent him a note inviting him to leave the 
town, on account of the above offense and other misdemeanors 
with which they charged him. To this notice he paid no atten- 
tion. Within a few days a delegation from the above committee 
waited upon him and renewed their former demand, accompany- 
ing it with threats of dire vengeance upon him if he failed to leave 
within a given time. To this demand Phillips again declined 
to obey. On the morning of the 17th of May, 1855, the mob 
called at his house and seized him, before the people of the town 
were advised of what was taking place, and hurried him to the 
river and putting him into a boat hurried across the river onto 
the island opposite the town and started with him for Weston. 
Before reaching there they stopped at a warehouse on the river 
bank below the town, stripped him to the waist and applied a 
coat of tar and feathers, (with which they had supplied them- 
selves before leaving Leavenworth) to his face, arms and naked 
body, mounted him on a rail and to the accompanying music of 
horns and cowbells paraded up Main street to the corner of Thomas 
street, near the hotel, put him on a box and had Dr. Ransom's 
old negro, Joe, cry him off and sell him for one cent, the highest 
and best bid. After this farce was completed they turned him 



Early Members of the Leavenworth Bar. 261 

loose, with the strict warning never to return to Leavenworth or he 
might meet with a much more condign punishment. The writer 
of this had gone over to Weston the day before on business; the 
ringing of the cowbells and tooting of the horns attracted his at- 
tention as it did that of scores of people in the stores and offices 
and on the streets at the strange procession as it passed up the 
street. No one seemed to understand what it meant, or who com- 
posed the band of visitors, or who was the subject of their dis- 
pleasure. Upon a close inspection I recognized most of the mem- 
bers of the mob as being from Leavenworth. Scott Boyle and 
H. Rives Pollard, editor of the Herald, were the leading 
spirits of the gang. Pollard carried the front end of the rail on 
his shoulder on which the man was astride, and W. H. Adams, 
proprietor of the Herald, had the rear end of the rail on his shoul- 
der, as they passed up the street. 

The citizens of Weston, when they ascertained what it all 
meant and that the man who was thus exposed to contumely 
and disgrace, was a respectable white man of Leavenworth, their 
better natures revolted at the disgusting sight thus perpetrated 
on their streets, as the people of the South and especially those 
of Kentucky and Virginia, from which states most of the settlers 
of Weston in those days originally came, were by nature, a brave, 
chivalrous people who despised low and contemptible proceed- 
ings of that kind. The perpetrators of this outrage were soon 
made aware that their visit with its accompaniments, was not 
acceptable, and shortly after left town and returned to Leav- 
enworth very much crestfallen at their cool reception. That 
night a large public meeting was held in Weston, presided over 
by the mayor, speeches were made and resolutions adopted de- 
nouncing the proceedings of the Leavenworth mob, and especially 
the bringing of the victims of their dislike to a city in a neighbor- 
ing sister state to wreak their vengeance upon, let them here- 
after wash their own dirty linen at home, they said and not to 
trespass upon our rights and insult our citizens by such dis- 
graceful displays of their displeasure. A day or two after the 
Weston escapade, and as a counter-irritant to the pain in- 
flicted upon their mental epidermis by the Weston resolutions 
and as a sort of Arnica salve to their wounded consciences, these 
Leavenworth Boxers, called a public meeting, and with a few of 
their friends who sympathized with them, met in the Herald 



262 Appendix. 

office and passed some resolutions explaining and justifying their 
actions in the premises, so far as driving Phillips out of town and 
the attempted disgrace inflicted upon him. A further agitation 
of the subject soon became stale and unprofitable and it was 
dropped. In a short time thereafter Mr. Phillips returned to 
the town but of course did but little law business. He remained 
here quietly a portion of that sad and bitter epoch in our event- 
ful history of 1855 and '56, up to that bloody Monday, the first 
day of September, 1856, when the Pro-Slavery mob drunken with 
fury and bad whiskey, drove the Free State people from their 
homes and places of business out of the town, some fled to Fort 
Leavenworth for safety and others were driven aboard steam- 
boats at the Levee and sent to St. Louis. Previous to this 
time Mr. Phillips had sold his home on Delaware street 
and was living in the house, still standing, on the hill on the 
north side of Shawnee street, west of Fifth street, next to the 
Phelan building. Capt. Fred Emory who with his company of 
Bashi Bazouk's, had been doing the dirty work for his leaders 
in hunting down and driving out the Free State people, as above 
stated, marched his company up Shawnee street and halted them 
in front of Mr. Phillips' house, and ordered him out and to leave 
town at once. Phillips mindful of his former treatment by the 
mob and their threats of condign punishment at the time, if he 
returned to the town, boldly stepped out of the door above and 
on the roof of the porch, facing the mob below in the street with 
his gun in his hand (it was said) determined to sell his life as 
dearly as possible if necessary. Before he could make any re- 
sponse to the demand to leave town, by order of the Captain, 
every gun in the company was leveled at the man and the order 
to fire followed instantly. Phillips fell dead with a half-dozen 
balls or more in his breast; an equal number struck the door 
casing on either side of him and left their imprint there for a long 
time afterwards as a memento of the awful tragedy. As this 
terrible scene was being enacted in front of the house. Green 
Todd, then or late sheriff of the county, had gone around to the 
west side of the house and looking in at an open window saw 
Jared Phillips, a brother of the murdered man, standing on a 
bed in the room and without a word of warning shot him in the 
arm, which afterwards had to be amputated near the shoulder. 
Thus ended the life of this brave man; another victim to the 



Early Members of the Leavenworth Bar. 263 

moloch of slavery. Although Emory resided here for a number 
of years afterwards he was always under ban, as was Todd while 
he lived here for the part they both took in this dastardly out- 
rage. Phillips also lived here a number of years at the same 
time. It was always an unexplained mystery, to myself and 
many others, how he could meet these men day after day on the 
streets, without taking summary vengeance upon them, for the 
cruel murder of his brother and the life maiming of himself. 
Perhaps his course was the wisest and best, all things considered. 
"Vengeance is mine and I will repay saith the Lord." 

C. F. Barnard, the twenty-first name on the roll, was on 
motion of W. G. Mathias on the 21st of April, 1855, enrolled as 
an attorney. If he ever resided or practiced law here I do 
not call him to mind at the present time. 

Benj. F. Simmons, the twenty-second name on the roll on the 
23rd day of April, 1855. He came here from Virginia. He was a 
young lawyer of considerable ability, a fair advocate, a quiet, 
refined, polished gentleman, although intensely Pro-Slavery. He 
was for a time a law partner of D. J. Johnson, but left here when 
the political complexion changed, as did many others of similar 
belief. 

Saml. Formly, (as I read it) is the twenty-third name on 
the roll. I do not recall this gentleman to mind as ever having 
practiced law in this city. 



CHAPTER IV. 



M. L. Truesdell, 

THE twenty-fourth name on the roll, was on motion of M. J- 
Parrott, enrolled as an attorney. He came from Ohio and 
while reported to have been a lawyer of large practice 
in that state, the opportunities for a successful lawyer of the 
Free State persuasion, were very limited in this locality at that 
time and unless he had other means to live on, his legal attain- 
ments alone, however brilliant, w^ould furnish but a small portion 
of the filthy lucre necessary for a genteels' support. 

Jeremiah C'.ark had been appointed deputy marshal by 
Judge Lecompte on the 20th of June, 1854, and was in attend- 
ance upon the court as court crier, as he was called, took the 
oath and signed the roll as such. 

The court soon after adjourned to Court in Course, Sept. 8, 
1855, when it again met and proceeded to business. 

H. P. Johnson, the twenty-fifth name on the roll of 
attorneys, was the first one enrolled at this term of court. 
He came from Kentucky in the fall of 1856 and was a 
bitter Pro-Slavery man for a number of years. He prac- 
ticed law but little, was more preacher and active poli- 
tician than he was lawyer; he took an active part in all matters 
pertaining to the city's welfare, and although much set in his own 
way and headstrong at times, which gave him the sobriquet of 
"Hog Johnson." He was a very enterprising and useful citizen 
and did much to advance the interest and welfare of the city in a 
variety of ways. When the Civil war broke out he joined the 
Union army and raised the Fifth regiment of Kansas cavalry- 
and was commissioned its Colonel by Gov. Robinson. His mili- 
tary career was brief but l)rilliant, he was killed at the battle of 

364 



Early Members of the Leavenworth Bar. 265 

Morristown, in the first year, it was said by his own reckless dar- 
ing, brave, but impetuous, and almost fool-hardy in this, as in 
other acts of his previous life. 

M. W. Dei AHAY, the twenty-sixth name on the roll, came 
here in the fall of 1854, from Springfield, Illinois. He was a 
lawyer of no mean ability, a great friend and believer in the 
principles of the Kansas-Nebraska Bill and at once took an 
active and leading part in the politics of the territory in that 
behalf; opposed to the extreme views of the ultra Pro-Slavery 
men on the one side, and of the radical Abolitionists on the 
other. 

As the law business, as we have before said, was not a paying 
business at that time. Col. Delahay conceived the idea of estab- 
lishing a newspaper, as a means of support and to better sus- 
tain the principles which he and many other Free State men in 
and out of the territory, both old line Whigs and National Demo- 
crats, as they called themselves, believed ought to govern in the 
much vexed question of slavery in the territory. With these 
objects in view, he issued the first number of the Kansas Terri- 
torial Register, as he named it, July 4th, 1855. From its first 
issue the paper took a high rank. It was conducted with marked 
skill and ability; its editorials were able and influential, replete 
with sound argument and logical reasoning in behalf of the prin- 
ciples it advocated with so much force and vigor. The Herald, 
the Pro-Slavery organ edited by Gen. L. J. Eastin, a man of power 
and ability, felt the force of its reasoning in favor of the bona fide 
settlers of the territory determining the question of slavery for 
themselves without any outside interference from Missouri on 
the one side or Massachusetts on the other. This was true Na- 
tional Democracy and the foundation stone of the Kansas-Ne- 
braska Bill, as Col. Delahay argued and urged from week to week 
in his journal. This sort of argument did not suit the Herald or 
the Southern oligarchy, they had long ere this determined that 
Kansas should be a slave state at all hazards. They would admit 
of no middle ground in this contention. It was to be Slavery or 
Abolition. "Those who are not openly for us and with us are 
against us," they argued, and must be forced to take a positive 
stand one side of the line or the other, no middle ground, no Na- 
tional Democracy to be encouraged or allowed to exist in Kansas. 



266 Appendix. 

The edict had gone forth from the headquarters at Washington 
and must be obeyed^ every cross road penny liner from the entire 
Southland, where slavery existed or they hoped to extend it, took 
up the refrain. In the meantime the Free State men of Kansas 
had begun to organize; meetings were held at Lawrence, at Topeka 
and at Big Springs. A constitutional convention was called at 
Topeka and a constitution was prepared and in due time sub- 
mitted to the people and adopted by those who favored making 
Kansas a free state. 

Col. Delahay and hundreds of others, who at first preferred 
a more conservative course, had been driven to define their po- 
sition openly and to take sides in the coming struggle for su- 
premacy. Col. Delahay finally came out squarely in favor of the 
Topeka Movement, as it was called, and took an active part in 
sustaining that constitution. That stand of course brought down 
upon his head the dire vengeance of the whole pack, Blanche, 
Tray and Sweetheart, each and all yelped in unison. From that 
hour the fate of the Register was doomed, all that was needed was 
an excuse and an opportunity. That opportunity and excuse 
came on apace. A state convention to nominate a state ticket 
under the provisions of the Topeka Constitution had been called 
to meet at Lawrence on the 22nd of December, 1855. A large 
delegation of leading Free State men had gone over from Leav- 
enworth to take part in the convention. Col. Delahay was one 
of the delegates and was nominated for Congress. S. N. Latta of 
this city, was nominated one of the Supreme Court Judges, and the 
writer of these sketches for Attorney General of the state. Thus 
was Leavenworth honored by the first Free State convention. 

That night while we were all absent at Lawrence as above, 
the death blow fell upon the Register. The Kickapoo Rangers 
came to town, filled up with Ki Harrison's "bug juice," marched 
down to the southwest corner of Third and Cherokee streets over 
Col. Clarkson's store, where the Register office was located, and 
threw all the presses and type out of the windows into the street, 
and from there carried them to the Missouri river and threw them 
in. This was truly the omega issue of the Kansas Territorial 
Register. 

When the Colonel returned to Leavenworth the next day he 
found to his regret, and that of his many friends and the good 
cause, that like Othello his occupation was gone. That there was 



Early Members of the Leavenworth Bar. 267 

rejoicing at the Herald office and among the more bitter Pro- 
Slavery contingent I need not add. That winter, Col. Delahay, 
as one of a committee, was sent to Washington to urge upon Con- 
gress the passage of a Bill admitting Kansas into the union as a 
state under the Topeka constitution. While the House of Rep- 
resentatives passed the Bill, the Senate refused to and so we 
failed of admission at that time, as we afterwards did, under the 
Lecompton and Leavenworth constitutions. The next year Col. 
Delahay again opened a law office with indifferent success, soon 
after the law firm increased under the firm name and style of 
Delahay, Dugger & Gallagher, euphonious in name if not a finan- 
cial success. Soon after Mr. Lincoln took his seat as President, 
he appointed Col. Delahay as U. S. District Judge for the 
district of Kansas. Judge Delahay and President Lincoln were 
old friends in Springfield, 111., and related by marriage, Mrs. 
Delahay being a Miss Hanks before her marriage. Judge Dela- 
hay remained upon the bench for a number of years until he was 
compelled to resign on account of ill health. He was a man of 
culture, a good lawyer, an honest and upright Judge, a good 
neighbor and friend and a worthy citizen. 

Thos. Shankiin, whose name appears the twenty-seventh 
on the roll, Sept. 18, 1855, came in the summer of that year 
from the East; he stayed here only a few months, made but little 
attempt to practice law as the field was not promising for a 
rich harvest in that line, speculated a little in real estate and 
soon retired and did not visit us again as I remember. 

H. Miles Moore, whose name appears as the twenty- 
eighth on the roll, Sept. 18, 1855, was present at the open- 
ing of the first meeting and organization of the court April 
16, 1855, but was called away to attend a meeting 
of the Town Company, of which he was secretary, and so 
failed to be enrolled at that time. He came to this city from 
Weston, Mo., at the first organization of the Town Association as 
the record shows June 13, 1854. He was first admitted to the bar 
at Rochester, New York, March 28, 1850, as his certificate of ad- 
mission now in his possession shows, where he had studied law 
in the office of Lee & Farrar. It was the second class admitted 
under the new constitution of New York state. He was next 
enrolled in the Platte county bar at Platte City, Mo., and at other 



268 Appendix. 

towns in the state at which he attended court prior to the above 
enrolhnent in this territory. His legal and political life has been 
a part of the history of the territory and state in which he has 
taken an active, and in the early portion, an aggressive and promi- 
nent part, for over fifty years. He has perhaps been more years 
in the active duties of his profession than any other lawyer in the 
state. 

G. W. Gardner's name stands as the twenty-ninth on the 
above roll. He came to Kansas and to this county in the fall 
of 1854, and took up the claim on the new Lawrence road, so 
long and favorably known as the Gardner election precinct and 
school house. Part of the time he lived in town and had a law 
office and was a justice of the peace, but he much pre- 
ferred an easy and indolent life to one of hard labor and 
drudgery. Although a fair lawyer, he did not seek the 
practice. He was a jolly, good-hearted man, companionable, 
fond of a joke and a good story teller, a good neighbor and 
a true friend and well liked by all who knew him. Politically he 
was an earnest and active Free State man, but in early days liv- 
ing a little outside of the city, he was not drawn into the vortex 
which at times threatened to engulf so many of us in its mad 
whirlpool. He finally left Kansas and went to Colorado, where 
he died. 

Sol. p. McCurdy, the thirtieth name on the roll, never re- 
sided in this city or in Kansas. His home was at Weston, Mis- 
souri, where he practiced law successfully for a number of years. 
When the Weston Court of Common Pleas was established he 
was elected its first Judge and served in that capacity very 
satisfactorily to the people of that bailiwick. When the times 
became too warm, politically, here on the border of Missouri and 
Kansas, he emigrated to Salt Lake City, Utah, and was quite 
successful in law and mining speculations. 

Wm. H. Miller, the thirty-first name on the roll, came 
here from Virginia in the summer of 1855. He was a bright 
young lawyer, but a very violent, ultra Pro-Slavery propagan- 
dist, hostile, haughty and overbearing towards all who differed 
with him in his extreme views; he and Jim Lysle were both of 
the same piece in their political views and manners, aside from 



Early Members of the Leavenworth Bar. 269 

politics he was a cultured, polite and affable gentleman. He did 
not succeed in his profession here and finally drifted back to 
Virginia and when the Civil war began, naturally entered the 
Confederate army. 



CHAPTER V 



H. T. Green, 

THE thirty-second name on the roll, was born and raised in 
Virginia; came to Missouri and when Kansas was opened 
for settlement came to Leavenworth county in 1855 and 
first settled on a claim a few miles south of the city. In a year 
or two he sold out his farm which he had begun to improve, and 
moved into town, built him a nice home on the northeast corner 
of Fifth avenue and Congress street. He soon opened a law office 
and with his then partner, Cole W. Foster, they did a large and 
lucrative practice. He was especially popular with the farmers 
of the country who admired his honest, open, bluff, hearty ways 
and manner. He was a real rough diamond to outward appear- 
ance but beneath this apparent rough exterior there beat as 
true, generous, kind, noble and brave a heart as ever found 
lodgment in the breast of any friend or well wisher of humanity. 
He was a close and hard student of the law, and as succes.sful in 
his profession as a majority of the lawyers of that day. By his 
honesty, integrity, prudence and close attention to the interests 
of his clients, he acquired a fair competency of this world's goods. 
In politics he was an old line Whig, and although born and reared 
in a slave state and an owner of slaves, he believed in the prin- 
ciples of the Kansas-Nebraska Bill and often took issue with the 
ultra Pro-Slavery leaders in this city and county as he did with 
the radical Abolitionists of Kansas and New England. The 
Free State men, his neighbors, had no cause of complaint against 
him, for in the long and bitter struggle of 1855, '56 and '57 he 
took no part against them but on the contrary, often protected 
them from the aggressions of those who sought to injure and op- 
press them. When the Civil war broke out, he promptly took 
sides with the Union and when the town was threatened bv the 



Early Members of the Leavenworth Bap. 271 

Price raid, he shouldered his gun in her defense. He died several 
years ago in the midst of his usefulness. He was a kind and 
affectionate husband, an indulgent parent, a good neighbor and 
true friend. 

Thos. C. Shoemaker, the thirty-third name on the roll, 
came here from the state of Illinois in the fall of 1854, as 
the appointee of President Pierce to be Register of the 
first land office to be established in the territory. He 
was a personal and strong political friend of United States 
Senator, Judge Stephen A. Douglas, the author and champion of 
the Kansas-Nebraska Bill, and of course Mr. Shoemaker, as did 
Col. Delahay, M. J. Parrott and other National Democrats and 
old line Whigs, stand by and urge the enforcement of the pro- 
visions of that Bill, until they were driven into the Free State 
party as such, and in favor of the Topeka Movement, so called 
by the illiberal and over-bearing course of the Pro-Slavery leaders 
of the territory. As time wore on the issues became more sharply 
defined, not only in Kansas, but in both branches of Congress and 
throughout the country generally. The President who had signed 
and up to this time had stood by Judge Douglas and sustained 
his Bill, seemed gradually to become indifferent, then cold, and 
finally surrendered to the slave oligarchy of the South and com- 
pletely turned turtle (so to speak) to the cause of freedom and 
its friends in Kansas, even to using the U. S. army to break up 
and disperse its legallyi'assembled Legislature at Topeka, July 4, 
1856. Of course all his appointees in Kansas who did not bend 
the supple hinges of the knee to this new God Bael, that thrift 
might follow fawning, had to walk the plank. Shoemaker was 
among the first, perhaps the very first to be removed even be- 
fore the office had been fully established. Shoemaker did not 
open a law office, but took an active part in politics on the Free 
State side, he was as bold and brave as a lion, an outspoken friend 
of the right, it was this unflinching, unwavering and perhaps at 
times, imprudent course that was the immediate cause of his un- 
timely death at the hands of a drunken crowd of Pro-Slavery 
ruffians. 

John I. Moore, the thirty-fourth name on the roll came 
here direct from St. Joseph, Missouri in the summer of 1855. 
The boys told it as a joke of course, that when he arrived 



272 Appendix. 

in town he had a small bundle of hay and about a 
peck of oats in a sack tied on his pony's back, behind 
his saddle and that was all his baggage and library. He 
shortly after opened an office here, and although the road was 
a little rough and rocky, he was a popular sort of a chap, a hard 
working, sober, industrious man, a fair lawyer and by close at- 
tention to business and economy succeeded in making a good 
living for himself and family and acquired a fair share of property 
in the city. He left here and went to Salt Lake City to reside a 
year or two before the Civil war, if I remember aright. 

Judge G. W. Purkins the thirty-fifth name was enrolled 
on the 19th day of September, 1855. He came here a short 
time before that from Virginia. He opened an office and 
soon took rank as an able lawyer, an eloquent advocate 
and one of the most cultured, refined and well read mem- 
bers of the bar, polite, of easy and polished manners and a true 
Virginia gentleman. Although a Pro-Slavery man he gave no 
offense to those who differed with him on political matters. It 
was often said that Judge Purkins had as many friends among 
the Free State people as he did on the other side. Soon after 
the Pike's Peak excitement commenced, Judge Purkins, with sev- 
eral others from this city, went to Denver and though he was very 
successful in his profession and acquired considerable wealth in 
mining cases and real estate, he did not live long to enjoy it. 

Geo. W. McLane, the thirty-sixth name on the roll. This 
must have been another joke, in McLane's being enrolled as a 
lawyer. I knew him intimately from the day he came to 
Weston in the early spring of 1854 until he left Leavenworth 
for the last time in 1865 or '66. While he was a versatile char- 
acter of genius unlimited, a brilliant mind, "as smart as a steel 
trap," a true friend and all-round good fellow, I never heard 
of his practicing law. In a former chapter I have devoted con- 
siderable space to McLane and his doings in Leavenworth from 
the day he was auctioneer for the Town Company at its first 
public sale of lots, October 9 and 10, 1854, till he left as above. 

B. F. Stringfet.low, the thirty-seventh name enrolled, on 
the 21st day of September, 1855, on motion of R. R. Rees, Esq. 
Gen. Stringfellow, for such title he bore, having been Attorney 



Early Members of the Leavenworth Bar. 273 

General of the state of Missouri. He came to Weston in 1849 or 
'50 and was a law partner of Peter T. Abell. He remained there 
till 1855, when he moved to Atchison, where he lived and died 
several years ago. That he was an able, learned and profound 
lawyer no one will question, but one of the most bitter and im- 
placable leaders of the Pro-Slavery oligarchy in Missouri. The 
originator of the Platte County Self Defensive Association, as it 
was first called, a laudable and properly organized society of 
planters and business men who united themselves together to 
protect their slave property from being stolen and run out of the 
country by Abolitionists of the baser sort. Under the advice 
and by the spell-binding speeches of that vitriolic leader who began 
by denouncing in the most outrageous manner in one of his 
speeches at Weston, all people of Northern birth or parentage. 
That he was speedily called to account by the writer of this arti- 
cle and G. B. Panton and denounced as a coward and poltroon, 
is a matter of verified, published and preserved history of that 
occasion and those days of strife and the beginning of the bitter 
war which followed, not only in Platte county but all along the 
border of Missouri and Kansas. Stringfellow and Atchison and 
their followers, from this small beginning of the Platte Coun- 
ty Self Defensive Association, soon organized the Blue Lodges^ 
so-called, in every county in Missouri along the border; made the 
nominations for all the offices to be filled in Kansas and sent 
their armed hordes to carry the elections. This state of affairs 
from the election of Whitfield as delegate to Congress in the fall 
of 1854, to the election of the first Free State territorial Legis- 
lature in the fall of 1857, when the power of the opposition 
was broken. Gen. Stringfellow continued to practice law at 
Atchison occupying a position in the very front rank of lawyers 
in the state. Politically he pretended to have changed his color 
and to have have become a great admirer of Gen. Grant, but no 
one had any confidence in his conversion or change of heart. It 
was the "Devil a monk would be." 

Edward Young, the thirty-eighth name on the roll. A 
young lawyer who came here from Kentucky, a friend of H. 
P. Johnson's. He did not remain long, as the field for young 
lawyers was fully occupied in those early days compared with 
the amount of business in that line. 



274 Appendix. 

James Had ley, the thirty-ninth name on the roll, was a 
promising young lawyer from Atchison, Kansas, whose admis- 
sion was moved by Gen. B. F. Stringfellow on the 24th. He 
desired to file some papers in court and before doing it, it was 
necessary that he should take the oath and be properly enrolled 
as a member of the bar of this First District. 

Henry Tutt, the fortieth name on the roll, was one of 
the leading lawyers of north Missouri and resided at Savannah, 
Andrew county, Missouri. As this district extended north to the 
Nebraska line and the upper counties of Kansas along the 
Missouri river and back fifty miles were largely settled by people 
from the border counties in Missouri opposite, it was but 
natural that the lawyers from those counties would seek and 
obtain business among their old neighbors and friends in Kan- 
sas, especially if they made a reputation at home as had Gen. 
Tutt and St. Joe lawyers. 

James Christian, the forty-first name enrolled was a first- 
class young lawyer from Lawrence, Kansas. A versatile, jolly, 
brilliant, witty Irish barrister was Jimmie Christian; in years 
after everybody knew Jimmie (as the boys called him) as a 
shrewd, sharp but able, honest and successful practitioner. Just 
how he in later years became the law partner of Gen. James 
H. Lane at Lawrence, deponent saith not. 

W. M. Patterson, the forty-second name on the roll. Just 
who this gentleman was, where he came from or whither he 
went after he was enrolled, the writer cannot now call him to 
mind, if he ever resided or had an office here it must have been 
for only a brief time. 

A. G. Otis, the forty-third name on the roll, was a resident 
of Atchison, one of the ablest, clearest-headed, sound, convinc- 
ing, argumentative lawyers that ever addressed a court or jury in 
this state. He was a member of the firm of Otis & Glick for a 
number of years, it was one of the ablest and most successful 
law firms in the West. He died several years ago in the very 
midst of his usefulness, leaving a large circle of friends to mourn 
his demise. 

J. P. Richardson, the forty-fourth name on the roll, signed his 
name and took the oath, November 12, 1855. He resided here; 



Early Members of the Leavenworth Bar. 275 

was quite well off at one time, but did not practice law but little 
if any while he remained here. Although a man of fine physique, 
six feet in height and well proportioned, the boys said he was a great 
coward. Politically, he was an Abolitionist, and so said this was a 
poor place for men of that avowed belief in those days unless he 
had the sand and plenty of it. He was always complaining that 
we Free State boys were too outspoken and would get ourselves 
and others into trouble. He would attend none of our meetings 
and take no active part to aid the Free State cause. He owned 
the forty acres of land in South Leavenworth, now known and 
platted on the city map as Day's Addition. He was an old bache- 
lor and lived in a small frame house near where Thos. Jones, the 
contractor, now lives on Third avenue. When times began to 
get red hot, early in 1856, the (old Col.) as he was called, began 
to get shaky in the head and to want to leave here. The trouble 
was to sell his claim for near what it was worth and what he asked 
for it. It was said Dr. Day made him an offer for his claim, 
house and all, which he declined, a day or two after the boys to 
frighten him sent word to him as a joke, that the Kickapoo Rang- 
ers were coming the next week to hang him. He soon hunted 
up Dr. Day and it was said sold him the whole tract, forty acres, 
house and all for some $350, took the money, left the town that 
night; this ended that lawyer here. 

Lorenzo D. Bird, the forty-fifth name on the roll, was a 
native of New York state. He came to Weston, Missouri, in 
1844 or '45; was a graduate of Yale college, an able and 
successful lawyer and splendid advocate and a ripe scholar. 
He was one of the very first on his arrival there in the fall of 
1849, to take the writer by the hand and welcome him to the 
town, as a young lawyer, seeking a location, a stranger in a 
strange land, more than 2000 miles distant from any friends 
or acquaintances. Judge Bird (as he was called) as all men 
of prominence in the West in those days soon acquired a 
title, in addition to the practice of the law had acquired as one 
of the results of his success, considerable real estate and other 
property in the county. When Leavenworth was laid he became 
one of the original Town Company, and with the writer and Mr. 
Oliver Diefendorf, as a committee selected by the Association, 
prepared the Constitution and By-laws for its government. He 



276 Appendix. 

was also one of its first trustees and took a deep interest in its 
welfare and success. He never lived here. He also acquired 
considerable property in Atchison and some in Omaha, Nebraska. 
In 1856, 1 think, he moved his family to Atchison, where he opened 
a law office to which he did not give as much attention as for- 
merly as his large real estate and other interests demanded his 
attention. He died several years ago highly respected by the 
entire community. 

H. H. Hutchison, the forty-sixth name enrolled. I do not 
now call this gentleman to mind as a practicing lawyer in this 
city. He may have resided at Lawrence or some small town in 
the District. I cannot locate him at present. 

L. F. HoLLiNGSwoRTH, the forty-seventh name on the roll, 
resided in this county on his claim south of the town and did 
not have an office here; he was quite active in politics at one 
time, was a member of the Legislature. He took more interest 
in politics and his farm than he did in the practice of law. 

Joseph P. Carr, the forty-eighth name on the roll, was 
on motion of Gen. Stringfellow, on the 14th of November, 1855, 
enrolled as an attorney of the court. He was a resident of 
Atchison and one of that distinguished coterie of able lawyers 
from that city who for years occupied an able and leading posi- 
tion among the lawyers of the state. 

John Wilson, the forty-ninth name on the roll, was at that 
time a resident of Platte City, Mo. No man stood higher or 
occupied a more exalted position at the bar in north Missouri 
in those days, than did Hon. John Wilson; a man of fine mind, 
well read in the law, an able advocate, clear and forceful before 
the court and jury and a most successful practitioner. He 
opened an office here in the spring of 1856, if I mistake not, 
and with the reputation which he had so justly obtained in 
Missouri it was not strange that he at once stepped to the front 
rank among the lawyers in this city. He was the father of Hon. 
R. P. C. Wilson, the late distinguished member of Congress from 
the Platte district, who at one time had a law office in this city 
as a partner of Col. A. J. Isaacs, the first Attorney General of the 
territory. John Wilson, after practicing law here a number of 



Early Members of the Leavenworth Bar. 277 

years, returned to his old home in Phitte City, where he died 
several years ago. He died as he had lived, honored and re- 
spected by his nei,2;hl)ors and tlu- entire community in which he 
resided. 



CHAPTER VI. 



JOSIAH KeLIOGG, 

THE fiftieth name on the roll, came to this city in the fall 
of 1855, and opened a law office soon after, but as law 
business was limited and as he had some means he gave 
more attention to speculation in real estate than he did to the law. 
After the storm cloud had passed over the town in 1857 and '58 
he took an active part in politics and was elected to office in the 
city and afterwards to the Legislature of the state, where he 
was elected Speaker of the House, which position he filled with 
credit to himself and honor to the commonwealth. He ac- 
quired considerable wealth in the city. He died several years 
ago leaving a widow and an interesting family to mourn his loss. 

Marshal P. Tayi or, the fifty-first name enrolled Dec. 12, 
1855. This is another gentleman whom I do not call to mind 
as having practiced law in this city or state; I cannot even 
locate him at present and so pass him by only speaking of him 
as his name appears on the above roll as an attorney. 

BuRRELL B. Taylor, the fifty-second name on the roll, 
Dec. 12, 1855; the last name enrolled at this term of court. 
He came here from old Kentucky as he boasted. He 
practiced law but little, was more of a politician and news- 
paper writer, as editor of the Herald and afterwards of the 
Inquirer, which proved to be his Waterloo as we shall pres- 
ently show. As an editor he was an able, clear and forcible 
writer and at times a little imprudent and outspoken perhaps, 
for the times and the environments which obtained in the city 
in those days. As a man and a politician he was lordly, ostenta- 
tious, pompous and dictatorial, a sort of Bombastus Furiso, 
troubled a little, with what we Missourians called swell head. I 
never saw Taylor in one of his top lofty moods, as "Buffalo Bull 

278 



Early Members of the Leavenworth Bar. 279 

Taylor," as the boys called him for short, but I call to mind Mer- 
ritt L. Young's description of these Southern "swell heads" as he 
called them. Mr. Young lived in Weston, Mo., at that time, was 
an active member of the extensive trading and freighting firm 
of Perry's & Young, second to none in upper Missouri. Mr. 
Young was a bold, brave, gallant Kentuckian himself, courteous, 
kind and a true friend as the writer had personal occasion to know. 
He had a perfect contempt for the assumptions and top loftiness 
of some of these would-be great men. He said he was born and 
raised in Maysville, Kentucky and he was not ashamed to say 
so, but he never saw one of these "Kanetuckyans," but said he 
was born in the rich blue grass county of Fayette, near Ashland, 
adjoining Henry Clay's plantation. That plantation must have 
extended all over the county to have so many of these people live 
adjoining it, probably the truth was, he said, most of them were 
never within a hundred miles of Fayette, but lived up in the 
mountain country and in some instances no doubt, left there for 
their country's good. Remember that was fifty years ago of 
which Col. Young spoke and things have changed since that 
time, even in old Kentucky. Of the East Tennesseeans, Mr. 
Young said, "they all came from high up on Big Sandy near Kit 
Bullard's mill." Of the young Virginians who migrated West, 
he said when you asked them where they came from, they swelled 
up like a pouter pigeon and answered from "Old Virginia sah, 
near Richmond sah." A few from Fairfax county, near Alexan- 
dria where Gen. Washington lived and went to church occasion- 
ally, one from near Monticello, President Jefferson's home. All 
were of F. F. V. and graduates of the University of Virginia. 
Many of them he said were born and raised high up on the Blue 
Ridge or Alleghany mountains and never saw Richmond, or 
Monticello. Such was Col. Young's opinion of these would-be 
first families of Virginia and Kentucky in those days. When the 
Civil war broke out Col. Young assisted in raising a Confederate 
regiment and was killed at the battle of Independence, Missouri. 
Col. Taylor remained here and continued to edit the Inquirer 
until by his indiscretion and boldness he incurred the displeasure 
of Col. Anthony and Jennison and their red leg band of ruffians 
visited the office one morning in the second story of the building, 
on the southwest corner of Main and Shawnee streets, where 
Meyer's transfer office now is, and pitched the presses and type 



280 Appendix. 

out of the windows into the street and thence to the Missouri 
river, as the Kickapoo Rangers had done with Col. Delahay's 
newspaper on the night of the 22nd of December, 1855, twenty 
years before, when Col. Taylor's occupation like Othello's, was 
thus ended, he suddenly left it was said; for his old Kentucky 
home. 

A New" Oath. 

At the March term of the court, 1856, as matters politically 
had begun to warm up since the adjournment of the Kansas 
(Missouri) Legislature of 1855 and the passage of the "Bogus 
Laws" as they were called by the Free State men) by that Legis- 
lature; as they could not make it e Aposi facto so as to reach those 
who had already taken the oath and signed the roll of attorneys, 
they determined no more lawyers should slip in who were not 
"sound on the goose," and so they added an adenda to the fol- 
lowing oath. It had its desired effect as no Free State lawyer 
offered himself for enrollment, as the names who signed it 
show, with possibly one or two exceptions. 

I do solemnly swear that 1 will support 

and sustain the provisions of an act entitled "An Act to organize 
the territories of Nebraska and Kansas" and the provisions of an 
act commonly known as the "Fugitive Slave Law" and faith- 
fully demean myself in the practice of law, so help me God. 

On motion of W. B. Almond, on the 31st day of March, 1856, 
Robt. P. Clark, the fifty-third name on the roll was admitted as an 
attorney-at-law. Mr. Clark resided in Platte City, Missouri. Shortly 
after he moved to this city and opened an office. He was a very 
clever gentleman and a fair lawyer. Soon after Wyandotte was 
opened for settlement he removed there and was popular and 
successful as a lawyer and Judge holding office almost up to 
the time of his death a few years ago. 

WiLi lAM Pe:rry, the fifty-fourth name on the roll, came 
here from the East in the early spring of 1856, and was one of 
the brightest young lawyers who ever came to the town in those 
days. He was of Irish birth, and true to the natural instincts 
of his nationality, was sharp, shrewd, witty and companion- 
able, was a well read, courteous gentleman, a fine talker, a 
good lawyer and very popular and successful in his practice. 



Early Members of the Leavenworth Bar. 281 

When the Pike's Peak gold fever broke out, like many others 
in after years members of the bar of this city, he moved to 
that country and settled in Denver, the leading town of the 
territory. His good name and legal reputation followed him 
and he was successful in his profession from the start. He was 
suddenly taken ill and passed away in the midst of his usefulness, 
beloved and respected by all. 

S. S. GooDE, the fifty-fifth name on the roll, was on the 
3rd of April, 1856, on motion of D. L. Johnson, enrolled 
as an attorney of the court and took the before mentioned oath. 
Mr. Goode, although reputed to be a very clever lawyer did 
not follow the profession to any great extent for a livelihood 
but turned his attention more to politics and newspaper writ- 
ing; in time he became assistant editor of the Journal, a paper 
started and controlled by J. W. Henderson, better known as Jack 
Henderson, while truly a Pro-Slavery journal at heart, sought to 
be conservative and more independent in expression than the 
Herald, which was intensely radical. The Journal while it de- 
sired to maintain its status with the Pro-Slavery party then in 
power, its editors had political sagacity enough to see and 
realize that an element of the more liberal minded in its own 
party were gradually withdrawing from the extremists and unit- 
ing with a like element in the Free State party. In other words 
that the political tide which had been at its full during the troubles 
of 1856 had begun to ebb in the spring of 1857. The Herald, 
which had been prodding the Journal on its apparent coolness to 
the cause, and jealous of its rival's increasing popularity, sought 
to lessen its influence by questioning its soundness on what it 
termed the vital issues of the day. This course touched the 
Southern pride of Henderson, who was still in control of the 
paper and caused him to seek to renew his allegiance to the party 
to which he naturally belonged, by a malicious attack he made 
upon Gen. Lane for a speech he made in this city in the spring of 
1857, to which I will refer at the proper time, and Lane's response 
to the same. Henderson finally retired from the control and Col. 
Goode retained the management while it continued to exist. He 
was an able, clear and strong writer. All things mortal have an 
end and the Journal, like many other newspapers in Leavenworth 
since that day, its glory having departed, soon turned its toes 



282 Appendix. 

up to the daisies, and Col. Goode returned to the land of his 
father's, a wiser, if not a better man. 

Reece Paynter, the fifty-sixth name on the roll, came 
here from Missouri in the summer of 1856 and was enrolled as a 
member of the bar August 18, 1856, at a short session of the 
court held at the village of Delaware, the temporary county 
seat of this county. Just how it became such county seat is 
fully explained in another chapter of these sketches. Mr. Payn- 
ter was considered a fair lawyer although his practice was 
limited; he held the office of justice of the peace one or two 
terms, but did not enjoy good health and shortly after passed 
away. 

D. S. BoLiNG, the fifty-seventh name on the roll, was also 
admitted on the 18th day of August, 1856, as the records show, 
at Delaware. I do not now call this gentleman to mind. I am 
only certain he did not have an office or practice law in this city. 

Daniel L. Henry, the fifty-eighth name on the roll, was 
another of the members enrolled on the 18th of August, 1856, 
at Delaware. He came here from Missouri that spring and 
opened an office. Politically he was a strong Pro-Slavery man. 
He was an earnest, hard working lawyer and although a little 
cranky and strenuous in his legal opinions, was as successful in 
the final trial of cases as the majority of lawyers, owing to his 
close application in their preparation and the energy and skill 
displayed at the trial. As politics changed and the Free State 
lawyers came more in evidence he returned to Missouri, as the 
people's views and notions there conformed more to his views 
upon the then all-absorbing question. 

B. M. Hughes, the fifty-ninth name on the roll. He never 
resided in Kansas and came here to attend court on the trial of 
some very important case, which commanded the best legal talent 
in this section and a corresponding fee for services. His home 
was at St. Joseph, Mo., which at that time had one of the ablest 
legal bars in the state. Among the most prominent were Mr. 
Hughes, Hon. Willard P. Hall, afterwards Governor of the state, 
Judge Henry M. Vories and others of like fame and reputation. 
Gen. Hughes, as he was called, went to Denver at an early day 
and soon occupied a prominent position in that city and became 



Early Members of the Leavenworth Bar. 283 

wealthy. In due course of time he became Governor, carrying 
with him that same skill and ability that had marked his course 
as an eminent lawyer for so many years. It was said of him 
that he was the ablest and best Governor the territory or state 
ever had prior to his death a few years since. 

R. C. Fostp:r Jr., the sixtieth name enrolled, came to 
this county with his parents from Platte county, Missouri, 
soon after the territory was opened for settlement. His 
father took up a claim near Delaware and resided there up 
to the time of his death, a splendid farmer and one of the 
leading and highly respected citizens. Cole Foster, as every one 
called him, after completing his education at the University of 
Missouri, turned his attention to the study of law. He was a very 
promising young man from the start, and by hard study and close 
application soon became well versed in the law. Shortly after 
his admission to the bar he became a partner of H. T. Green of 
this city. The firm did its full share of the law business of the 
city and county during its continuance for a series of years. The 
skill and ability of Young Foster soon attracted the attention 
of the legal department of the M. K. & T. railroad and they 
offered him the position as General Attorney for that road in 
Texas, with headquarters at Dennison. He shortly after removed 
to that place where he has since resided. He has been a member 
of the Legislature of that state two or three terms and has at all 
times maintained an honorable and well deserved position as a 
lawyer of skill and ability. 

E. M. Mackemer, the sixty-first name on the roll, resides 
in this county on his farm in Delaware township; just how he 
became enrolled as an attorney, deponent saith not for the writer 
never knew or heard of his trying a case in court or that he pre- 
tended to belong to the craft, till his name appeared on the list 
of attorneys. He always had the reputation of an honest, in- 
dustrious and successful farmer, perhaps more creditable than the 
former. 

David M. Smith, the sixty-second name enrolled, was an- 
other gentleman whose name was enrolled as an attorney of the 
court whom I do not call to mind and who did not reside here 
or practice in this court; if he did, it must have been for a short 



284 Appendix. 

time and to a very limited extent^ or I should certainly have 
known him. 

Lewis Ramage, the sixty-third name enrolled, did not re- 
side here or in Kansas. He was practicing law in Weston, Mo., 
when the writer first located there and continued his residence 
there till his death, if I am correctly informed. He was one of 
those industrious, plodding lawyers who attended strictly to 
business, a good office lawyer and counsellor, more so than ad- 
vocate before a jury, of studious habits and well versed in the 
principles of the law as laid down in the text books and the 
opinions of the judges in the reports of the different courts. 

H. B. Branch, the sixty-fourth name on the roll, Octo- 
ber 8, 1856. His residence at this time was at St. Joseph, 
Missouri, and while he was a man of marked ability, 
he did not confine himself to the law but took an active 
part as a writer and a politician. He was a bold, fearless 
champion of what he believed to be right and proper and often 
took issue with Stringfellow, James N. Burns and others in their 
radical views on Kansas matters and afterwards in the attempted 
secession of Missouri from the Union, and again after the war in 
their re-construction of Missouri and the South. He advocated the 
rights of the people as against, and in opposition to the ultra and 
radical views and acts of oppression inflicted upon those who 
differed with the party in power. He consulted with and acted 
in unison and accord with Gen. Frank P. Blair, Gov. B. Gratz 
Brown and other statesmen who sought the best interests of 
Missouri and the entire Southland. 

At the first session of the court held in April, 1857, the fol- 
lowing oath was prepared and each attorney was obliged to take 
the same before he signed the roll. 

I do solemnly swear that I will support the 

Constitution of the United States and the provisions of an act, 
entitled, "An Act to organize the territories of Nebraska and 
Kansas," and that I will faithfully demean myself as an attorney- 
at-law of this court to the best of my skill and ability, so help me 
God. 

William McKay, the sixty-fifth name on the roll, April 14, 
1857. While he resided here for some years, his law practice was 



Early Members of the Leavenworth Bar. 285 

limited; he was more of a real estate speculator and dealer than 
an active practitioner at the bar. Having means at his com- 
mand he sought the easier and more congenial road to the acqui- 
sition of wealth and contentment. 

O. B. HoLMAN, the sixty-sixth name on the roll, came 
here early in the spring of 1857, from Janesville, Wisconsin, he 
was a New Yorker by birth and education, was enrolled as an 
attorney at the first session of the court April 14, 1857. He 
was a well read lawyer, fine, clear mind, a very correct and 
careful pleader, an excellent and forcible advocate before the 
court and jury, a close reasoner. Judge Pettit once said of him, 
that he presented a case for the consideration of the court in 
the clearest, most forcible manner, fewest words and strongest 
and most direct terms, without repetition or circumlocution of 
almost any lawyer he ever heard at the bar. He was very 
successful in his practice and acquired some property but being 
a good liver saved but a small portion. He died here when 
quite a young man in the midst of his usefulness and with a 
brilliant future before him, 

Wm. M. McMeath, the sixty-seventh name, enrolled on the 
15th of April, 1857. This is another gentleman whom I do not 
now call to mind as having practiced law here. I only speak of 
them in their order as their names appear on the roll and I de- 
sire to have every name as enrolled. 

Ferdinand J. McCann, the sixty-eighth name, enrolled 
April 15, 1857. This is another gentleman of whom I have no 
remembrance at present. He certainly did not have an office 
here or remain long, if at all. 

Henry J. Adams, the sixty-ninth name on the roll, 
who took the oath and was duly enrolled as an attorney 
of the court on the 15th of April, 1857. He originally 
came from New York and was a brother-in-law of Mr. Pow- 
ers, the sculptor of the original (ireek Slave. He came to this 
city to reside early in 1857, and for a number of years was one 
of the most popular and highly respected citizens of the town. He 
gave little attention to the practice of the law but devoted his time 
to other pursuits more congenial to his taste, at the same time he 
took an active interest in the welfare of the i^eople and the ad- 



286 Appendix. 

vancement and upbuilding of the city. He was elected to several 
offices of honor and trust, all of which he filled with credit to 
himself and the best interests of our people He was a member 
of the city council, mayor of the city, elected to the territorial 
Legislature, established a bank which he managed very suc- 
cessfully and at the same time was engaged in other public enter- 
prises. Soon after the commencement of the Civil war he joined 
the Union army and was appointed a Paymaster in the volunteer 
service by President Lincoln. He remained in that capacity 
till the close of the war. He was stricken with a severe illness 
in the line of his duty, from exposure in crossing a divide in the 
Rocky mountains, in a terrible snowstorm, in which a number of 
soldiers of his escort lost their lives. He never recovered from 
this attack and although he lived several months after, he grew 
worse until he died. 



CHAPTER VII. 



Thomas F. Campbell, 

THE seventieth name, was enrolled as an attorney on the 
16th of April, 1857. He only remained here a few 
months and then migrated to other pastures, where the 
alfalfa of the law had taken deeper root and flourished more 
vigorously for the sustenance of those who were limited in the 
means financially that meant success. 

Harvey W. Ide, the seventy-first name on the roll, is 
one of the few lawyers who were enrolled in 1857 at 
that term of court, or prior thereto, who are still prac- 
ticing law in our city or state. Judge Ide, as he is now known 
to all our citizens, by his long and able services in that be- 
half, came to this city from Janesville, Wisconsin, early in 
1857, and opened an office. As a lawyer of ability, honesty and 
integrity, he soon gained the confidence of the people, the inevit- 
able result was a steady growth and advancement in his pro- 
fession, coupled with studious habits, close attention to business, 
a high moral character were sure to bring their reward. In 
due course of time he was called up higher to that acme of all 
lawyers who take pride in their profession, after years of hard 
study and toil and struggle at the bar, viz: a seat upon the ju- 
dicial bench. That Judge Ide was entitled to this promotion no 
one questioned. He was four times elected to the high and hon- 
orable position of Judge of the First Judicial District of the state 
of Kansas. During this long term of sixteen years he presided 
with dignity befitting the station. He treated the bar with kind- 
ness and respect. He was honest and fair in his rulings, prompt 
but not hasty, clear, logical and forcible in his decisions as he 
saw and construed the law, without prejudice to either side, 

287 



288 Appendix. 

holding the scales of justice at equal poise in all cases. That he 
occasionally erred in his judgment was but human. It is safe 
to say that he was reversed by the higher court less times than 
any Judge in the commonwealth during his administration. He 
retired from the bench with honor to himself and the good will 
of the legal fraternity and the cordial respect of the entire com- 
munity. He still resides here and occasionally takes part in the 
trial of cases in court and acting as referee in important matters 
calling for special reference and careful examination. 

A!>BERT Perry's name appears as the seventy-second name 
on the roll. My memory is again treacherous as to this gen- 
tleman. 1 can only say that if he had an office here or prac- 
ticed law here it must have been to a limited extent, and I 
leave his case with that consideration. 

John W. Henry, the seventy-third name on the roll, came 
here quite early in the spring of 1857, from Weston, Mo. He 
was a brother of D. L. Henry, before referred to. They were 
law partners in Weston, and continued together here. He was 
a more quiet man and more of an office lawyer than his brother, 
but studious and with a well balanced mind. He remained only 
about a year and then returned to Missouri. 

E. Magruder Lowe, the seventy-fourth attorney whose 
name was enrolled on the before mentioned list, came here 
from Virginia, and although he claimed to be from Rich- 
mond, I am not advised that he was not a true scion of the first 
families, although a very courteous and pleasant gentleman, 
a good lawyer, a bright and sparkling mind, keen and caus- 
tic at times, but not bitter or vindictive, although strongly preju- 
diced in favor of the peculiar institutions of his native state and 
oi the South which was but natural to him who was to the manor 
born of old Virginia, and who believed that his mother, noble 
and true, could do no wrong. While Mr. Lowe was quite success- 
ful in his practice, he only remained here about two years as the 
])olitical atmosphere became too highly impregnated with free 
soil odors to be agreeable to his refined and polished taste and so 
he returned to the land of his birth and first love. 

C: IFTON Heli.en, the seventy-fifth name enrolled, came here 
direct from Washington City, D. C. He was a son of that dis- 



Early Members of the Leavenworth Bar. 289 

tinguished jurist, Judge Hellen of the Capitol city; a man of 
high standing and wealth. It was generally understood that the 
Judge had sent his son to this country not to practice law but 
to see the world and perchance do a little real estate speculation if 
a good opportunity offered. He did not open a law office or seek 
to practice, but spent most of his time visiting his friends here 
and at Fort Leavenworth. He was polished and refined in his 
manners, courteous and obliging to all with whom he came in 
contact and had business relations with. After remaining here a 
year or two he returned to his home in Washington. 

Samuel A. Young, the seventy-sixth name on the roll, 
was not a resident of this city or territory, but was one of the 
distinguished lawyers of central Missouri, who specially came 
here to attend court and look after the interest of certain parties 
who had purchased lots in the city and other lands in this dis- 
trict. Satisfactory arrangement having been made with the par- 
ties concerned, he returned home. 

J. W. Whitfield, the seventy-seventh name enrolled, 
was well known in this town and territory a number of 
years previous to this date, as he was the first delegate to 
Congress from Kansas territory at the first election held in 
the fall of 1854. Gen. Whitfield originally came from Ten- 
nessee and was at that time agent of the Arrapahoe Indians, 
with headquarters at Fontaine Caboyeah, up in the Rocky moun- 
tains. Just how his residence could be claimed to be in Kan- 
sas territory at that time deponent saith not, except that its 
western boundary was only limited by the summit of Pike's Peak. 
But as we Missourians wanted a man to the Southern manor born 
and one who would be true to her interests at all times and under 
all circumstances, and as the little matter of a few hundred miles 
more or less, of a residence cut no ice in this case, other things 
being equal, and Whitfield, as the poet says, had "a resplendent 
acreage of cheek," would fill the bill exactly. We nominated him, 
and did we not elect him with a whoop. We chartered the Mis- 
souri river steamboat, New Lucy at Weston and over 500 of the 
boys came down to see Leavenworth in the morning and returned 
in the evening, all having voted for Whitfield, at least once. True, 
Gov. Reeder it was said had brought out Judge Flenneken from 
Pennsylvania on purpose to run for Congress and had put him 



290 Appendix. 

into the race, he was not in it with our elongated mountain Ten- 
nesseean. In justice to our Town Company and the settlers on 
the Delaware Trust lands, most of whom voted for Whitfield on 
that occasion, because he had publicly pledged himself to do all 
in his power, if elected, with the President and the general land 
office at Washington to protect our interests and prevent our 
being driven off the townsite and their claims as we were all tres- 
passers upon these Delaware lands ab initio. We believed he and 
his Southern friends would have more influence with the Presi- 
dent and land office than Flenneken and so all voted for him with- 
out regard to the question of slavery as that issue had not been 
joined at that early day. Gen. Whitfield was true to his pledges 
and prevented our being ousted from our homes and acquired 
rights. He was no doubt well repaid at the final sale of the town- 
site by the United States. It was not in the power of the Town 
Company or any of its members to complain if they had been in- 
clined to do so. It was these latter interests of the General's in the 
town, which induced him to be admitted to the bar in this dis- 
trict as he never resided here or practiced law, as I am advised. 

A. E. Mayhew, the seventy-eighth name enrolled. This is 
another gentleman of whom I have not the faintest recollection 
as a resident or lawyer. I simply refer to him as his name ap- 
pears on the roll. 

Jas. H. Lane, the seventy-ninth name on the roll, entered 
on the 26th of April, 1857. Gen. Lane never resided in this 
city or practiced law. His permanent home was in Lawrence, 
although his untimely taking off occurred near here, on the 
Fort Leavenworth reservation, while on a visit to his broth- 
er-in-law, Mr. McCall, who was the farmer in charge of the 
then lower government farm as it was called, now occupied 
by the new Federal prison. Perhaps no one was more inti- 
mately acquainted with Gen. Lane than the writer, during 
his residence in Kansas and especially during the stormy 
times of 1855, '56 and '57 in this territory, and with him as 
General, commanding the army of the border in 1861 and '62, 
and also as United States Senator from Kansas up to the day of 
his death. This is not the time or place to pass the life of Gen. 
Lane in review, that has been done by the writer on a previous 
occasion and by others, perhaps more competent to do so. I will 



Early Members of the Leavenworth Bar. 291 

only refer to one incident that occurred here^ which has not been 
alluded to heretofore by any writer, as I call to mind. It was so 
extremely Laneish that it was amusing and laughable although 
it might have been a very serious matter had the party to whom 
the missive was delivered, had the nerve to accept. There might 
have been a fight or a foot race. Gen. Lane came to Leavenworth 
to see his friends quite often in 1857 and '58. On one occasion a 
public meeting was called and Gen. Lane was invited to speak, 
Mark Parrott also spoke. The General was in fine mettle and 
full of fire, at times a little rash perhaps, but Lane never minced 
his words on such occasions, he called a spade a spade. He was 
bold and fearless in his denunciation of the leaders in their treat- 
ment of the Free State people of the territory in the years just 
past. It w^as on this occasion that he repeated the expression of 
another speaker on a former occasion. "Our turn will come ere 
long, and then we will drive these hell hounds into their holes and 
drive the holes in after them." The next day the Journal, the 
newspaper edited by Jack Henderson (as he was called) came out 
with a very bitter editorial reviev/ing Gen. Lane's speech and among 
other things said that Lane was a great bluffer and intimating 
that at heart he was an arrant coward and would not fight if 
brought to the scratch. As soon as Lane saw the editorial he 
dictated a lengthy and somewhat verbose epistle in the nature and 
form of a challenge to mortal combat and directed it to John W. 
Henderson in person and so worded that in certain contingencies 
he would meet any and all of the leaders separately in their order 
and if he fell other brave Free State men in Kansas would be 
found to take his place. The writer was requested by Gen. Lane 
to act as his second and bear the message to Henderson, which 
he did. After some parleying and excuses on Henderson's part 
and consultation with friends he declined to accept the missive, 
or name a second. His attention was then called to the rule in 
such cases that if he declined to meet the principal he should meet 
the second. To this latter proposition he peremptorily declined. 
That we were personal friends and no cause of difference had or 
could exist between us to cause such a violent rupture. That he 
was personally opposed to dueling in any event. As it seemed 
impossible to arrange a meeting at that time, the writer returned 
to Lane, and the subject was allowed to drop. No more insinu- 
ations with regard to Gen. Lane's personal bravery appeared in 



292 Appendix. 

the Journal. The writer has preserved the above missive signed 
by Gen. Lane, which he retains among his mementoes of those 
Hvely days. Gen. Lane did not give'^'much attention to the prac- 
tice of law, his time was mostly devoted to the political affairs of 
Kansas and to his Senatorial duties in Washington up to the time 
of his death. 

Albert Weed, the eightieth name enrolled, is another gen- 
tleman the memory of whom has passed from the writer. If 
he ever resided or practiced law here it must have been of very 
brief duration and left no permanent impression upon the mind 
of the writer. 

John C. Douglas, the eighty-first name, was enrolled on 
the 26th day of April, 1857; is another of the very few 
lawyers who came to this city and territory at that early day 
and have continued in active practice up to the present time 
and still resides in our city. Mr. Douglas came here from 
New England and at once entered into active practice devot- 
ing a portion of his time to real estate matters, having ac- 
quired considerable wealth in that behalf. He has always been 
a close student, is an educated, refined and cultured gentle- 
man, and is conceded by the bar, not only of this city, but of the 
state generally, as having no superior and very few equals, as a 
tax title and land lawyer generally, having made that branch of 
the profession a specialty for a long number of years and been 
remarkably successful, especially in the Supreme Court of the 
state. 

Wm. Scott Brown, the eighty-second name, enrolled on the 
29th of April, 1857. 

GuRNSNEY Sackett, the eighty-third name on the roll, on 
the 30th of April, 1857. 

Van B. Young, the eighty-fourth name on the roll on the 
10th of May, 1857. Have each passed out of my memory if the 
writer ever knew them at all. 



CHAPTER VIII. 



WiLLARD P. Gamble, 

THE eighty-fifth name on the roll, took the oath and was 
duly enrolled as a member of this bar, June 1, 1857. 
He came here a short time previous from the state of 
Michigan and soon after formed a law partnership with M. S. 
Adams, making one of the strongest law firms in the city. Mr, 
Gamble was one of the best read lawyers in the city, a close 
and logical reasoner, a hard student, well versed in the rules of 
practice and pleading, an able and profound jurist for a man of 
his age, untiring in his application, true to his clients' inter- 
ests and very successful in his practice. He was one of that 
galaxy of bright young lawyers which for a series of years gave 
to Leavenworth the proud position of having one of the ablest 
as well as the most brilliant bars in the state. He was a mem- 
ber of the Legislature of 1868, from the First ward of the city, 
the writer from the Second, Col. C. R. Jenisson from the Third, 
and Matthew Ryan, Sr., from the Fourth. Mr. Gamble was 
taken suddenly ill at Topeka and died in the midst of his 
usefulness before the session was half closed. His loss was deeply 
mourned by a large circle of admiring friends. 

David W. Guensey, the eighty-sixth name on the roll, is 
another gentleman whose memory has passed from the writer, 
if he ever knew him, and we simply give him the place as his 
name appears in the list of attorneys of that date without com- 
ment. 

John L. Pendery, the eighty-seventh name enrolled, 
came here from Cincinnati, Ohio, in the spring of 1857 and 
was admitted to the bar, June 1, 1857. He came with a 
little peculiar reputation, not as a lawyer in legal practice. 



294 Appendix. 

but for having performed his duty as he saw it, under the law 
as a United States Commissioner in ordering the return of a 
fugitive slave to his Kentucky owner. That act did not militate 
against him when he reached bleeding Kansas, at least not in 
this city; it gave him notoriety and as he opened an office and 
hung out his shingle he attracted attention and was soon enjoy- 
ing a lucrative practice and soon began to acquire wealth, by 
his close attention to business; he had several partnerships in 
law practice but each of them were limited as to time. His 
greatest desire seemed to be to put ducats in his purse, rather 
than law knowledge in his brain. He succeeded fairly well in 
both for a time, but the discovery of gold and silver in Colorado 
and the rush to the mines, in due time carried him on its swell- 
ing wave as it did other attorneys from our city, not so much to 
practice law for the love of it, as to embrace the opportunities 
which its knowledge gave of acquiring that which giveth pleasure, 
ease and comfort in a discreet and proper use and enjoyment of 
its benefit and uses. Judge Pendery, as he was called, was a very 
pleasant and liberal friend and courteous and agreeable gentle- 
man, well liked by all who had the pleasure of his acquaintance. 
He remained in Colorado permanently after leaving, with fortune 
smiling and frowning upon him in her ofttimes fickle ways, in the 
sunshine and in the shadow, in the trough and on the crest of the 
buoyant wave. Such are the uncertainties of life in the gilded and 
changing panorama of the great and golden West. Judge Pen- 
dery died a few years ago in his mountain home, leaving a fair 
share of that which he had struggled so long to acquire. 

S. W. Johnstone, the nintieth name on the list of attor- 
neys, came to Kansas early in 1854, as one of the United 
States territorial judges appointed by President Pierce. He 
was the Free State Judge and appointed from Ohio and was 
assigned to the extreme western district where there were 
but few settlers and little business to be done at that time. 
He remained as Judge of that district for some three or 
four years with but little judicial business to do, as the district 
was but sparsely settled at that time and it was during the most 
unsettled years in the history of the territory. He resigned his 
judicial position and came to Leavenworth to reside, opened a 
law office and in due course of time became the head of the law 



Early Members of the Leavenworth Bar. 295 

firm of Johnstone, Stinson & Havens, one of the leading law firms 
in the city and territory. A short time after the dissolution of 
the above firm, Judge Johnstone moved to Washington City and 
took up the practice before the departments and the U.S. Supreme 
Court. He died in the spring of 1905, having reached the ripe old 
age of eighty-three years, honored and respected by all who had 
the pleasure of his acquaintance. 

John E. Pitt, the ninety-first name enrolled, was a resi- 
dent of Platte City, where he had lived and practiced law for 
twenty-five years; he was not noted as a profound lawyer. He 
was a good talker, fond of a joke, a good story teller to illus- 
trate the point and give pith to his argument before a jury. As 
he owned a good farm near town upon which he lived, he was 
not dependent upon his profession for a livelihood. He was a 
sociable, companionable gentleman, sometimes called Col. Bully 
Pitt, just why the writer never knew, as there was nothing of the 
"bully" as such in his acts, except that he was a little loud and 
boisterous sometimes, but always in good nature and fun. In 
short he was a bully good fellow all round. 

O. DiEFENDORF, the uinety-second name on the list of at- 
torneys. The writer was probably more intimately acquainted 
with Mr. Diefendorf than any lawyer in the state. Originally 
he came from New York state to Springfield, Illinois. He 
studied law in the office of Judge Stephen A. Douglas. When 
the war broke out with Mexico he early enlisted in the vol- 
unteers and was eventually appointed Quartermaster in Gen. 
Taylor's brigade. He served through the war with honor 
and distinction, was in all the battles under Gen. Taylor. 
At the close of the war he was ordered to Washington 
and employed in the Quartermaster's department for a year 
or two, he then resigned and came to Weston in the year 
1849. The writer and Mr. Diefendorf were law partners in Wes- 
ton for several years, until the organization of the Weston Court 
of Common Pleas, when Mr. Diefendorf was elected clerk of said 
court. He was one of the most practical, clear and correct 
pleaders I ever saw, a most excellent office lawyer, careful, honest, 
upright and exceedingly reliable in all business transactions. 
When Leavenworth was located he became one of the original 
members of the Town Company, was one of the trustees for a 



296 Appendix. 

time. When the Surveyor General's office of Kansas and Ne- 
braska was first opened in the territory at this town by Gen. 
John Calhoun, Sur\-eyor General, Mr. Diefendorf and Maj. Fred 
Hawn, brothers-in-law of Gen. Calhoun, were both appointed 
clerks in his office and remained with him for several years, when 
both came to Leavenworth to reside. In the course of time Mr. 
Diefendorf was elected county clerk which office he held for a 
series of years. A few years after he was elected Probate Judge 
of the county, which position he held for a number of years until 
his health failed and he was compelled to decline further sers-ice. 
He died a few years ago as he had lived, his entire public and pri- 
vate life was one of honor, respect , integrity and usefulness, not 
exceeded by that of any citizen of the community in which he at 
any time lived. 

J. B. Chapman, the ninety-third name enrolled, did not re- 
side in this city, neither did he practice law here but came from 
some town in the middle or western part of the territor\' to be 
enrolled as a member of the the bar as I call him to mind. 

James McCahax. number ninety-four on the roll, was 
one of the best and most successful lawj-ers in this city 
for a number of years while he hved; was enrolled a 
member of the bar June 12, 1857, soon after he came 
to the city. He was a ver\' studious, industrious lawyer, while 
not so brilliant a speaker before a jur\' as some of his compeers 
at the bar, as a sound, urgent reasoner before the Judge he had 
but few equals. He was always well prepared with his cases 
before trial and was as a rule, successful. He held several offices 
of trust and was faithful and honest in the discharge of all the 
duties which devolved upon him. His last professional act was 
that of a very important argument before Hon. John F. Dillon, 
U.S. Circuit Judge at his chambers in Davenport, Iowa, upon the 
application of the Leavenworth & Atchison and the Missouri Pa- 
cific railroad companies for an injunction to restrain the city of 
Leavenworth, its officers and agents from taking up the rails and 
interfering with the passage of said railroads across the Levee of 
said city. The writer was city attorney of said city at the time, 
and Mr. McCahan was employed by the mayor and council at 
the request of the city attorney to assist him in the argument of 
the case. The attornevs for the railroads were Judge T. A. 



Early Members of the Leavenworth Bar. 297 

Hurd, Judge Robert Crozier and Hon. E. Stillings. After the 
close of the argument all the attorneys returned to Leavenworth 
by the way of St. Louis. Soon after reaching home Mr. McCahan 
was taken seriously ill, from which he never recovered, but died 
in a few days, in the midst of his usefulness with his legal harness 
on. It is a singular fact that in a comparatively few years all of 
the attorneys engaged in the above trial, except the writer and 
Judge Dillion who heard the case, should have passed away. Such 
are the uncertainties of this transitory- life. 

Col. John P. Slough, whose name appears as the ninety- 
fifth on the roll, came to this city from Ohio in the spring 
of 1857, and on the 8th of July, a short time after, opened 
an office and was duly enrolled as an attorney of this 
bar. He came here "^ith a good reputation as an able law- 
yer. He was a gentleman of fine appearance, courtly manners, 
perhaps a little austere at times, otherwise social and agree- 
able, a fluent speaker, a clear headed, cool and successful prac- 
titioner. In a short time he took rank with the foremost mem- 
bers of the bar of the city, doing his full share of the business in 
all the courts during his stay here. When the Ci\'il war broke 
out, if I am not in error, he returned to Ohio, joined the Union 
army and with others raised a regiment and was elected Colonel and 
ser\-ed with distinction. At the close of the war he was appointed 
Governor of the territory- of New Mexico by the President, which 
position he filled for a ntmiber of years with great credit to him- 
self and honor to the government. He died there several years 
ago. 

William Franklin, as I read the name on the roll, was the 
ninety-sixth name enrolled, July 8, 1857. This is another gen- 
tleman whom the writer cannot call to mind as a resident of or 
member of the bar of this city and so pass him by without com- 
ment. 

Willl^m Stanley, whose name was enrolled as number 
ninety-seven, September 5. 1857, was a bright young law%'er 
from Kentucky who came here the spring of that year and soon 
after formed a partnership with Hon. John A. Halderman, the 
first name on the roll, April, 1854. Mr. Stanley was also of a 
military turn of mind and assisted in organizing the first inde- 



298 Appendix. 

pendent military company in the city and known as the 
Shields Guards; he was elected Captain of the same. At the 
opening of the war most of this company enlisted in the Union 
army and were in the bloody battle of Wilson Creek, where sev- 
eral from this city were killed and wounded. In 1860, Capt. 
Stanley returned to his home in Kentucky and afterwards 
studied theology and in due time became a Christian minister. 
Thus from saving lands by the legal process he turned to saving 
souls by the Heavenly route. 

Wm. H. Cole, Jr., the ninty-eighth name on the roll, Sept. 
15, 1857 and Jerome B. Conklin, number ninety-nine on the 
roll, Sept. 16, 1857, whose memory have also passed away, or at 
least I never made their acquaintance as lawyers in this city and 
so pass them by. 

M. S. Adams, the one-hundredth name enrolled, came to our 
city in the spring of 1857, originally from New England, I think 
from Connecticut. The law firm here was first Adams & Gam- 
ble, afterwards Mr. Ludlam became a member of the firm as the 
business increased. After Mr. Gamble's death, Mr. Adams and 
Ludlum continued their partnership till Mr. Ludlum went into 
the newspaper business. The firm was especially strong and did 
its full share of the law business in this city during Mr. Gamble's 
connection with it. Mr. Adams was elected recorder of the city 
two or three terms, the title of the court was afterwards changed 
to police court as it still remains. Mr. Adams was also elected 
a member of the state Legislature and became Speaker of the 
House. In both of the positions he displayed rare legal knowl- 
edge and in the latter, statemanship and ability of a high order. 
Like many other lawyers anxious to increase their worldly pos- 
sessions, when the boom in real estate opened up in our sister 
city of Wichita, he was with others led away by the siren song of 
accumulating great wealth, or in other words getting rich quick 
by speculating in real estate, turning good productive farms into 
barren town lots located from five to ten miles from the business 
part of the city. To be on the ground floor and miss none of the 
good things in store for those who hustle, he sold out all his pos- 
sessions here and moved his family down to this proud and grow- 
ing "Princess of the Prairie." As is often the case in all new 



Early Members of the Leavenworth Bar. 299 

states and it has been especially true of many Kansas towns, 
there was too much wind and not enough substance at the time, 
and as a matter of course having outgrown the country like the 
''South Sea Bubble/' they burst leaving the promoters and more 
foolish investors stranded on the leeshore of adversity. Our 
friend Adams ere long found himself poor in spirit and almost a 
total wreck financially. Gathering up a few threads from the 
woof of an ill-spent fortune, he again migrated, this time to Color- 
ado to live with his son, where he might rest in peace in his de- 
clining years. Requiescat in pace. 

Wm. Kemp, Jr., the one-hundred-first name on the roll, 
who if I am not mistaken in the man, although enrolled as an at- 
torney, never practiced law in our city, but was the publisher and 
principal owner of the Leavenworth Times at its commencement 
and for a series of years thereafter. 

Jackson Smith, the one-hundred-second name enrolled, 
Sept. 19, 1857, Claudius McGiven, the one-hundred third name 
on the roll, Sept. 22, 1857, Robert H.Shannon, the one-hundred- 
fourth name enrolled, Sept. 25, 1857 and Wm. C. Prest, the one- 
hundred-fifth name on the roll, were all non-residents of this city 
and county, at least none of them practiced law for any length of 
time to my remembrance. 

Franklin G. Adams the one-hundred-sixth name^enrolled, 
was a younger brother of Hon. Henry J. Adams, remained here 
only a short time in the office of his brother and then went to the 
northern part of the state where he was elected Judge of the pro- 
bate court in the county in which he resided and served a number 
of years. He was best known all over the state as the able, 
faithful and efficient secretary of the State Historical society. 
No public servant ever served the state more faithfully and hon- 
estly for a long series of years than Judge Adams. 

George S. Withers the one-hundred-seventh name on the 
roll, of date Oct. 7, 1857, is another name enrolled, who did not 
reside or practice law in this city or county as I remember. 

J. A. Burton whose name appears as the one-hundred- 
eighth on the roll, was deputy clerk of the court for a number of 
years under James R. Whitehead and as such was one of the most 
efficient clerks the court ever had, polite, accommodating and 



300 Appendix. 

highly esteemed by all parties who had business in the courts. 
He went to Montana territory where he was accidentally drow- ned 
in crossing a stream, as the papers of that date stated. 

A. W. McCauslen, the one-hundred-ninth name on the roll, 
was admitted on the 7th of November, 1857. He had resided 
here some time previous to his enrollment but had been engaged 
in lot and land speculations, was a very fair lawyer and did con- 
siderable business in that line, but evidently saw more ready 
money and less labor in the real estate business and eventually 
after the Osawkee land sales, left the city. 

Warren Woodson, number one-hundred-ten on the roll, 
admitted February 2, 1858, Alex Paddock, number one-hun- 
dred-eleven on the roll, admitted April 13, 1858 and Henry 
TiNSMEDE, number one-hundred-twelve on the roll, admitted 
April 14, 1858. None of them resided or practiced law in this 
city as the writer was advised. 

Joseph E. Merryman, number one-hundred-thirteen on the 
roll, was admitted April 14, 1858; was one of the leading lawyers 
of upper Missouri while he resided at Platte City, his practice 
was not confined to that section but was co-extensive with the 
state. He moved to St. Louis where he acquired a lucrative 
practice. 



CHAPTER IX. 



James Taylor, 

THE one-hundred-fourteenth name on the roll of attorneys, 
came to this city from New York state in the fall of 1857. 
He was the father-in-law of C. B. Brace, so long and favor- 
ably known as one of the leading merchants and business men of 
our town. Mr. Taylor who had ranked high in the profession in 
western New York, entered into partnership with 0. B. Holman, 
which continued until his health failed and the firm dissolved. He 
was well along in years when he came here and only again entered 
the profession as he said he was not contented doing nothing and 
preferred to wear out than to rust out. He was a man of most 
exemplary character, a well read lawyer and a cultured and re- 
fined gentleman of the old school. 

Walter N. Allen, the one-hundred-fifteenth name on the 
roll of attorneys, came here to our city early in 1858 from Ken- 
tucky and was soon after admitted to the bar. He did not re- 
main here long but moved to Jefferson county, where he soon 
took a prominent position as a leading politician in the county 
and one of the best, most practical and successful farmers in the 
state. When Populism was at the fore, in this state, Allen was 
one of its high priests and prophets, a man of brains and ability, 
a leader among men who thought and acted along independent 
lines. 

J. S. SPEER,the one-hundred-sixteenth name on the roll, was 
not a resident of the city or county, his home was in Jefferson 
county, in the then First Judicial District of the territory. He 
was a brother of Hon. John Speer, the well known editor, poli- 
tician and author. Joe Spear, as the boys called him, was a great 
wag and a good story teller, a fair lawyer; elected Probate Judge of 

301 



302 Appendix. 

that county, he served in that capacity for a number of years as 
an honest, upright Judge. 

James S. Connoly, the one-hundred-seventeenth name en- 
rolled, was I think a resident of Atchison at that time and re- 
garded as a lawyer of more than ordinary ability and in good 
practice, a pleasant and courteous gentleman and well liked by all 
who knew or had business with him. 

J. I. Cody, the one-hundred-eighteenth name on the roll, was 
a young man raised and studied law and was admitted to the bar 
here, he did not practice here but a short time but moved to St. 
Paul, Minnesota, where by his great energy and close applica- 
tion he acquired wealth and influence and became in due course 
of time one of the leading citizens of the town. 

A. M. Sawyer, the one-hundred-nineteenth name enrolled, 
was a lawyer of considerable ability, a close student well grounded 
in the law, perhaps a better office lawyer than advocate, a man of 
sterling integrity, pure character and a true Christian gentleman; 
he died here before reaching the middle age of life, greatly re- 
spected by a host of sorrowing friends. 

J. S. Kalloch, the one-hundred-twentieth name on the roll 
of attorneys, of date April 17, 1858. Who in Kansas that is at 
all familiar with the history of the territory and state of those 
days has not seen or read of this remarkable and gifted man, not 
so much as a lawyer, although as an advocate before a jury he 
had no superior and but few equals, but it was as a preacher and 
politician, he was at the zenith of his glory. He was the pastor 
of the Baptist church in this city for a number of years, and as 
such was one of the most popular and brilliant sky pilots in the 
West. After remaining here a number of years he moved to 
Lawrence and then to Ottawa, Kansas, where he published one of 
the best and most influential newspapers in the state, bold, fear- 
less and independent, many of his editorials were among the 
rarest and purest gems in newspaper literature and attracted uni- 
versal attention and comment throughout the state. With all his 
ability, erudition and force of character, he seemed to lack sta- 
bility and firmness of purpose, in other words the balance wheel 
of his caput would occasionally wobble and throw his mental 
trolley out of gear, to the great discomfort of himself and the joy 



Early Members of the Leavenworth Bar. 303 

and amusement of his political enemies, who desired his defeat^ 
fearing his advancement to the fore, over their long cherished 
hope of future success. That he eventually failed politically in 
Kansas, is not at all surprising, for how many barks have been 
wrecked on its uncertain sea. Along their bleak shores lay the 
flotsam and jetsam of many a politician's life-long aspirations of 
senatorial honor. 

William J. Martin, the one-hundred-twenty-first name on 
the roll; his name has passed from my memory if the writer ever 
knew him, am quite certain he never practiced law in our city for 
any great length of time. 

S. A. Stinson, the one-hundred-twenty-second name, was en- 
rolled April 26, 1858. He came here from the state of Maine 
early in the spring of 1858. He at once stepped to the front rank 
of able and brilliant young lawyers for which Leavenworth was 
so justly celebrated for a series of years. Stinson was truly one 
of the brightest stars in that galaxy of bright minds, in those early 
days; as a lawyer he had no superior, clear, concise, argumen- 
tative, strong and forceful. Of his personal appearance and as an 
orator, I cannot express myself in clearer and more explicit terms 
(of Sam Stinson, as we all called him), than in quoting from a late 
article written by Hon. B. F. Simpson, entitled "Leavenworth's 
Orators of Long Ago." In speaking of Samuel A. Stinson, he 
says: "Of all these, the most genial, magnetic, versatile and 
accomplished was Samuel A. Stinson. He was born in the good 
state of Maine, and if I mistake not, was a graduate of Bowdoin, 
the oldest and best endowed college in the state. He was tall, 
well formed, with a bright, fresh face — indeed, his complexion was 
as delicate as that of a woman — with hair struggling between 
shades of brown and light, a joyous disposition, pleasant smiles 
and most affable manners. He devoured books, rather than read 
them, his tenacious memory enabhng him to call up their con- 
tents at will. His voice was clear and flute-like, with the most 
persuasive accents, and his wit sparkling and contagious. He 
was a most graceful and fluent speaker, with a wealth of words 
and great power of oratorical amplification. His poise was per- 
fect, and his gestures the most appropriate and graceful. He 
was the Rufus Choate of the Kansas bar The gods loved 



304 Appendix. 

him, and he died at his old home in Wiscassett, Maine, on the 
20th of February, 1866, aged thirty-three." 

Nicholas Perkins, the one-hundred-twenty-third name on 
the roll of attorneys, whom I do not now recognize as being a 
resident of this city or ever having practiced law here, if so it 
must have been for a very limited time. 

John Gill Spivey, the one-hundred-twenty-fourth name en- 
rolled, was quite a prominent young attorney for a number of 
years and took an active part in political affairs. He was not 
as popular as some of the other lawyers, and although gentle- 
manly in his manners, was austere, and distant in his ways and 
did not make friends easily with either the members of the bar, 
who came most in contact with him, or the public generally. He 
afterwards moved to the west part of the state where I learn he 
divested himself of some of his lofty notions, came down off his 
high perch, mingled more with the common Western people and 
became very successful in his profession, acquired considerable 
property and gained the respect and confidence of his neighbors 
and constituents who honored him by electing him to positions 
of trust and emolument in the community where he lived. 

Fox DiEFENDORF, the one-hundred-twenty-fifth name on the 
roll, resided here for a number of years. I am not advised that he 
gave much attention to the drudgery of the law. His enroll- 
ment as an attorney was more a matter of form with him than the 
financial results that might accrue from its pursuit. As he had a 
fair share of this world's goods, his principal employment was 
speculating, loaning money at largely remunerative interest and 
enjoying life generally, he was agreeable, polite and refined in 
his tastes, fond of society, a fine conversationalist, witty, but 
not loud or boisterous, social and companionable with his friends 
and acquaintances. In due course of time the spirit of go west 
young man, and love of adventure took hold of him as it has of 
many young men of enterprise, before and since, and he migrated 
to Salt Lake, where it is said he acquired great wealth in gold 
mining. 

C. B. Trowbrige, the one-hundred-twenty-sixth name en- 
rolled, resided here for several years, but like Fox Diefendorf, 
gave but little attention to the law, preferring a more easy life in 



Early Members of the Leavenworth Bar. 305 

trade in which he was quite successful in several speculative in- 
vestments. He eventually passed on, to what he hoped to be 
more remunerative fields for putting ducats in his purse. Such 
was the spirit of that day, and it has lost none of its excitement 
or desire of gain, in the revolving cycles of time of the present 
age, but increases its momentum of speed with each new discov- 
ery by man's inventive genius, in discovering and applying the 
secrets heretofore hidden in nature's mighty labyrinth of wealth 
and power. 

T. F. Forrest, number 127 on the roll, A. W. Ridge, number 
128 on the roll, Samuel Egan, the one-hundred-twenty-ninth 
name enrolled, and F.H. Curry, the one-hundred-thirtieth name, 
have each and all passed from my mental storehouse, if I ever 
knew them. 

E. N. O. Clough, the one-hundred-thirty-first name en- 
rolled, came here from Parkville, Missouri early in 1858 and his 
name was entered on the roll of attorneys of this district, April 
30, 1858. He was born in old Virginia but educated in New Eng- 
land. Like most Virginians, he was as proud of his native 
state and his ancestry as are the descendants of the original 
Plymouth Rockers. He was a good lawyer, a versatile reader, 
a cultured and polished gentleman, a kind husband and parent, 
a good neighbor and true friend. When the Civil war broke out 
he early entered the Union army and soon rose to the rank of 
Colonel. At the close of the war he returned here and again took 
up the practice of his profession, he also held several offices by 
election and appointment, which positions he filled with honor 
to himself and credit to the community. His health failing, he 
moved to Kansas City, where he died honored and respected by 
a large circle of friends. 

E. Joyce Smithers, number 132 on the roll, and L. B. Ham- 
ilton, number 133 as enrolled, like a number of other attorneys 
whose names appear on the roll, have been entirely forgotten 
by the writer, and all the response I can make in these cases, as I 
have previously stated, is that if they ever practiced law in our 
city it must have been for a very limited time and with but few 
clients or I should certainlv call them to mind. 



306 Appendix. 

R. Crozier, number 134, enrolled May 10, 1857, was probably 
as well known to the people of the city and county as any man in 
this bailiwick, on account of the various positions he held. He 
came here early in 1857 and was for some time editor of the Leav- 
enworth Times newspaper. He was elected a member of the 
Council from this county to the first Free State Legislature in the 
fall of 1857. He continued to act as editor of the Times for some 
time afterwards. He was appointed U. S. District Attorney for 
the district of Kansas by President Lincoln and held the office 
during Mr. Lincoln's first term. The next office was that of 
cashier of the First National Bank of this city, when the Scotts 
owned it. After serving in this capacity for several years he was 
elected Judge of the First Judicial District, which office he filled for 
three successive terms of four years each with honor and dignity 
and to the satisfaction of the people generally. That he erred in 
his legal judgment occasionally and was reversed by the Supreme 
Court of the state, is not strange; it is the invariable experience of 
all trial Judges of inferior courts in all the states; of course some 
are reversed oftener than others, none are perfect. To err is 
human, perfection alone is the attribute of Deity, an honest 
difference of opinion, even upon intricate law questions, does not 
necessarily militate against the honesty, integrity or ability of a 
Judge, it is only when he allows bias or prejudice to warp his 
better judgment, then it becomes censureable and perhaps quasi 
criminal. 

Wm. Simpson, number 135 on the roll, J. K. S. Burbridge, 
number 136, William D. Wood, number 137, J. H. Bennett, 
number 138, D. C. Allen, number 139, F. T. Goodrich, number 
140, F. T. Logan, No. 141, all of whose names were enrolled May 
21 and 22, 1858, did not reside or practice law here as I now call 
to mind, if they did it was as students in the office of some of the 
older attorneys of that day. 

Frederick Swoyer, number 142 on the roll, was a young 
lawyer of fine promise but did not confine himself closely or en- 
tirely to the practice. In due time he migrated to greener pas- 
tures for legal feed. 

Benj. Wigley, number 143, enrolled June 1, 1858, At fred 
Gray, number 144, enrolled June 1, 1858, have both almost en- 



Early Members of the Leavenworth Bar. 307 

tirely escaped my memory at present, as I did not have the pleas- 
ure of their personal acquaintance except the latter, and he only 
slightly. 

E. F. Havens, number 145, enrolled June 4, 1858. The 
junior member of that distinguished legal firm of Johnstone, Stin- 
son & Havens, whose high standing as lawyers was co-extensive 
with the territory. Mr. Havens was the elder brother of A. B. 
and Paul Havens, so well known and highly respected as leading 
business men and bankers of our city and state. Mr. E. F. 
Havens occupied the position to a great extent, as the office law- 
yer of said firm, to his ability, learning, studious habits and close 
application in the preparation of the pleadings the arrangement 
and compilation of the briefs in an important law suit, is more 
than one-half the battle. They are the sword and buckler in the 
hands of a keen and polished advocate, and the foundation stones 
upon which the able and profound jurist builds his argument, 
and rests his case, they are the key-stone of the arch upon which 
the solidity of the legal argument so skillfully wrought out largely 
depends for final success, hie labor, hie opus est, such was the po- 
sition Mr. Havens occupied in said firm. With such a diversity 
of talent, combined, as was possessed and utilized by the 
parties who composed this firm, was it any wonder they were a 
legal success. Mr. Havens, like his partner, Stinson, died young, 
cut off in the prime of life and in the midst of his usefulness, 
honored and respected by all who knew him. 

Alonzo F. Callahan, number 146 on the roll of attorneys, 
was admitted to the bar, June 16, 1858, shortly after he arrived 
here from Cincinnati, Ohio. He was a partner of Judge J. L. 
Pendery for a time. In the spring of 1868, he was elected the 
first Police Judge of the city, under the new charter and served 
two years. He did not apply himself very closely to the practice 
of the law at any time during his long residence in our city. He 
was a man of diversified talent. Was one of the editors for a 
time of the Leavenworth Commercial; a correspondent of dif- 
ferent newspapers in the East and St. Louis. He was a versatile 
and gifted writer, a natural born wit, and through most of his 
writings there ran a vein of humor which was pleasing and enter- 
taining. He was a splendid companion, a good story teller, jovial, 
light-hearted, fond of society, bright and sparkling, bubbling 



308 Appendix. 

over with good nature, always looking on the bright side of life, 
generous to a fault, with a host of friends, who admired him. He 
devoted most of his time to the management and sale of real 
estate for Eastern owners. Like so many others in our city, he 
passed over the divide before his task of duty was completed; 
jovial, happy "Cally," we miss thy genial face and rotund form 
day by day as we journey along life's rugged path. Requiescat 
in pace. 

J. C. Hemingray, number 146 on the roll, came here from 
Louisville, Kentucky, in the spring of 1858, bearing the title of 
"Judge." Just how he acquired it, deponent saith not, except 
that all true blue Kentuckyans have a title of some kind prefixed 
to their names. The Judge was a fair lawyer, but preferred an 
active business life to the more quiet and sedate life of a lawyer. 
He was best known as the head of the banking house of J. C. Hem- 
ingray & Co. The banking institution under the personal man- 
agement of the Judge, was an eminent success, had the confidence 
of the public and made money for its stockholders. In due course 
of time the Judge sold out his possessions in our city and returned 
to his old Kentucky home far away. 

J. F. Broadhead, number 147 on the roll, was another of those 
gentlemen whose name was enrolled as an attorney at this bar, 
who has entirely passed from my memory, if I ever knew him. 

Geo. W. Still, number 148, enrolled June 22, 1858. He was 
an honest, hard working mechanic, a plasterer by trade, who came 
to the conclusion the practice of the law was an easier way of 
getting a living than spreading mortar and more congenial to 
his taste, so he threw down the trowel and the mortar board 
and seized Blackstone and Kent and plunged headlong into them. 
In due time he hatched out a full-fledged police court and J. P., 
son of Lord Bacon. He soon found out that he had perhaps 
made a mistake, that the wrong man had answered, when the 
legal bell rang. Ere long we find him following the honored call- 
ing of an honest son of toil behind the plow, like Cincinnatus of 
old. 

Barzilla Gray, number 149, enrolled June 25, 1858, was one 
of those plodding, studious, hard-working lawyers whose field of 
usefulness was more confined to the office and the preparation of 



Early Members of the Leavenworth Bar. 309 

legal papers incident to the transfer of real estate, drawing of con- 
tracts, wills, etc., the attending of cases in the probate court and 
the management of the estates of deceased persons. In this line 
of practice he was a marked success, honest, careful, prudent, a 
true Christian gentleman in all business affairs. He moved to 
Wyandotte, as it was then called. I learn he was elected Probate 
Judge of that county for a term of years. 



CHAPTER X. 



P. Sidney Post, 

NUMBER 150 on the roll; Chas. H. Bargh, number 151 on 
the roll, are among those who have passed from my 
memory as have D. H. Hailey^ number 152, Wm. S. 
White, number 153, and W. R. Kirkpatrick, number 154. 

John C. Tarr, number 155, enrolled March 24, 1858, came 
here from West Virginia, was for some time a partner of Judge 
Hemingray. They did a fair legal business and also dealt quite 
extensively in real estate, lots in town and farms in the country. 
Mr. Tarr was elected one of the justices of the peace for two or 
three terms, filling the office with honor to himself and to the 
satisfaction of the entire community. He died a short time 
since, highly respected by all who knew him, leaving a widow 
and two children. C. M. Tarr, one of our leading merchants, is 
his son. 

D. S. Johns, number 156; S. H. Glenn, number 157; Ira 
P. Ballen, number 158; Edwin S. Grant, number 159, Othello 
I. Flagg, number 160, L. S. Mager, number 161 and Wm. H. 
Ruell, number 162 on the roll, were the last names enrolled in 
the court as then established in 1858. 

A new roll for attorneys was then ordered by the court com- 
mencing with the first term of the First Judicial District in 1859. 
All of the attorneys who had signed the roll in previous years 
were again enrolled as their names appear. They were not re- 
quired to renew their oath or obtain a new certificate of member- 
ship, only those who came after and desired to be enrolled to 
enable them to practice in this district. In completing the list 
of attorneys of this district up to the admission of the state of 
Kansas into the Union in January, 1861, we shall only here- 

310 



Early Members of the Leavenworth Bar. 311 

after refer to those gentlemen who signed the roll in the order 
in which their names appear. 

Saml. D. Lecompte is the first name appearing on the new 
roll, of whom I have not previously mentioned or given a brief 
synopsis of their legal connection with the bar in this city and 
vicinity. Shortly after Judge Lecompte left the judicial bench 
in this district and was superceded by Hon. John Pettit, late U. 
S. Senator from the state of Indiana by appointment of the Presi- 
dent^ he opened a law office in this city and commenced the prac- 
tice of the law. Wm. G. Mathias, of whom we have previously 
spoken^ was his partner. Shortly after. Col. Lewis Burns, of 
whom we shall presently speak, was taken into the firm. Of 
Judge Lecompte's career as Judge, we shall speak in another chap- 
ter in connection with the other U. S. Judges who were his com- 
peers or successors in this territory. Judge Lecompte, when he 
entered the practice here, although an excellent lawyer from 
his long experience on the bench, was not a brilliant success 
at the bar. He came in direct contact with that galaxy of the 
brightest young legal minds in the territory. The Judge, while 
well versed in the principles of the law, of a sound legal mind and 
well posted on the old practice and the decisions of the courts, 
was a little too fond of his ease for close application to the new 
practice as established by the changes made by the new code, 
and the late decisions of the court in pursuance thereof. While 
the Judge was a great reader, it was more of a class of light litera- 
ture, which amused, rather than instructed and improved the 
mind, in preference to applying himself to the new order of things, 
relying upon former study and long practice under the old regime 
to pull him through, of course this reliance alone, would prove a 
weak reed to lean upon, in the daily struggles he was almost sure 
to encounter in this unequal contest with those young mental 
giants and the change of practice. In a few years he retired 
from the practice and returned to the East to spend the balance 
of his days in ease. 

D. J. Brewer. The rapid advancement of this dis- 
tinguished jurist is perhaps the most remarkable of that of any 
lawyer in the commonwealth, and what is still more to his 
credit is the fact that each step of his advancement has been 
so well deserved; the gradation has been regular and rapid, with- 



312 Appendix. 

out a hitch or mis-step, maintaining his honor and dignity with 
equal poise at all times and under all circumstances, naturally 
of a sound legal mind, by close application, hard study, untir- 
ing energy and a loyalty unsurpassed to his profession. In a few 
short years, he has reached that acme of a lawyer's hope and 
ambition, the proudest and most honored in the land, save that of 
President of this great Republic; viz: a seat upon the United 
States Supreme Court bench. 

Judge Brewer came to this city from New York when quite 
a young man, fresh from the curriculum of college and the law 
school; following Horace Greeley's advice, "Young man, go West 
and grow up with the country," veni,vidi,vici. He first entered 
the law office of Johnstone, Stinson & Havens and remained with 
them several months, he then formed a partnership with P. B. 
Hathaway and they opened a law office as Brewer & Hatha- 
way. The first office he held was U. S. Commissioner. The sec- 
ond if I remember rightly was county attorney, one term of two 
years. The year following he was elected Probate Judge of the 
county. In due course of time, he was elected Judge of the First 
District Court, which position he filled for a number of years with 
great credit to himself and honor to the people whom he served. 

This was his first step up the judicial ladder which leads to 
honor and fame. In a few short years, the people of the com- 
monwealth called him to go up higher and by their suffrages he 
was elected one of the Judges of the Supreme Court of the state 
of Kansas, the highest judicial honor that the people in their sov- 
ereign capacity could bestow. The legal ability, the clearness 
and force of his reasoning, the knowledge of the correct principles 
of the law governing each case as presented, as displayed in his 
written opinions, commanded the respect and commendation of 
the bar not only throughout the state, but are often cited as au- 
thority in briefs of lawyers and opinions of courts in all the ad- 
joining states, in like cases under consideration. No higher honor 
could be paid to a Judge than this reference to his decisions and 
the adaption of the principles therein enumerated as the correct 
rule of law governing in such cases. This advancement of Judge 
Brewer was the second step up the judicial ladder. A few years 
of honorable service in this behalf suggested still further advance- 
ment. A vacancy on the judicial bench of the United States 
Circuit Court of the circuit of which this state is an integral part. 



Early Members of the Leavenworth Bar. 313 

induced the friends of Judge Brewer with his consent to present 
his name to the President for this position of honor and trust. 
Each state in the circuit with the exception of Missouri and per- 
haps one other presented the name of a favorite son for the po- 
sition. It was finally agreed that as Missouri had no candidate 
to present and as her legal interests were at least equal if not su- 
perior to any state in the circuit on account of her wealth and 
population, and although politics of the candidates did not and 
should not enter into such a contest, it was conceded as is the 
universal custom, that the party then in power should name one 
of its own political creed for the place and he must be a Repub- 
lican, and as both of the U. S. Senators from Missouri, Messrs. 
Cockrell and Vest, were Democrats and ranked high as senators 
and statesmen, they would have no prejudice in favor of one 
applicant over another, all other considerations being equal. 
While the above subject was under consideration by the U. S. 
Senators and others interested in the final result, the writer 
of this, as secretary of the Democratic State Central Committee 
of Kansas, received a letter from Senator Vest, of Missouri, ex- 
plaining the situation and that the question of the appointment 
was up to Senator Cockrell and himself for determination if pos- 
sible, and inquiring if the appointment of Judge Brewer would 
be satisfactory to the Democratic lawyers and the party and the 
people of Kansas generally. To this inquiry a reply was for- 
warded immediately, stating in the strongest terms possible that 
the appointment of Judge Brewer, by the President, would not 
only be entirely satisfactory to all Democrats of the state and 
to all others, and urging him and Senator Cockrell to use their 
utmost endeavors to secure him the nomination; that Judge 
Brewer was eminently qualified for the position not only as hav- 
ing no superior in the state as a lawyer and jurist, but as a gentle- 
man of unimpeachable honor and integrity of character and well 
worthy in every respect of the high and honorable position. In 
a few days the nomination of Judge Brewer was sent to the sen- 
ate by the President and he was unanimously confirmed. This 
was the third step upward on the judicial ladder of this disting- 
uished jurist and fellow-citizen. In the short space of a few years, 
with a record of honesty, integrity and profound legal ability, 
excelled by no Judge on the circuit bench, Judge Brewer was 
again advanced to the topmost rung in the judicial ladder, that of 



314 Appendix. 

a Justice of the Supreme Court of the United States, the highest 
legal honor in the civilized world, which position he fills with in- 
creased honor, learning and ability. 

p^ In addition to his labor as Justice of the Supreme Court, he 
finds time to respond to a variety of calls and invitations to de- 
liver lectures and make addresses before different schools and 
societies upon a variety of topics for which his well known cul- 
ture, education, vast amount of reading, well stored mind, amply 
fit him to entertain and interest not only the most cultured or 
refined assemblies by his learned disquisitions, but also the great 
mass of common people who are edified and instructed by his 
lectures and homilies upon almost any subject that presents it- 
self for consideration and discussion. The deliverance of the 
learned jurist a short time since upon the delays incident to the 
final hearing and disposition of criminal trials in the courts and 
the causes which in many instances prevented a speedy deter- 
mination of the same, and the means which ought to be applied 
to remedy the great and growing evil were so forcibly and clearly 
stated that they attracted universal comment of the press and 
bar, and I may say of the more intelligent portion of the public 
generally whose attention had been called to these unseemly de- 
lays in the administration of justice to which his honor referred, 
was well worthy of a place side by side with the profound dis- 
quisitions of the most learned jurists of the English courts. 

What a laudable and worthy example for the aspiring young 
man of our country to follow in all the varied walks of life and es- 
pecially the young lawyer. True, but few may have the same 
opportunities or environments to enable them to reach the same 
lofty plane. There is no royal road to distinguished honor or 
fame; hard study, close application, untiring zeal, honesty and 
integrity of character and purpose, a determination to win over 
all obstacles will most surely accomplish the end in all worthy 
callings and pursuits. 

That the people of his adopted city and state are proud of 
this loyal son and of his high and lofty attainment goes without 
saying, and when he returns to visit the home of his adoption, 
which he does yearly, he meets and greets them in the same plain, 
friendly, cordial manner without the least pride or ostentation, 
but with becoming dignity; the generous, wholesouled, chivalric 
David J. Brewer, of the days of Auld Lang Syne. 



Early Members of the Leavenworth Bar. 315 

R. H. HousLEY came to this city early in 1859. He had not 
fully completed his legal studies, at least he did not open a law office, 
but was a student or clerk in the office of Clough & Wheat, for a 
time. He was a hard and close student and a fair lawyer but 
not a striking success. He divided his time between his law office 
and his farm as the latter seemed more congenial to his tastes and 
perhaps more remunerative. 

Thos. p. Fenlon came here early in the spring of 1859 from 
western Pensylvania. He at once stepped to the fore and took 
rank with the galaxy of bright young minds of which we have 
spoken. He also took an active part in politics and ere long was 
elected prosecuting attorney of this county, which position he 
held for several terms, with great success. In due time he gave 
his attention to the practice of criminal law, and was second to 
no criminal lawyer in tiie state. As his acquaintance in the state 
extended, he turned his attention to prosecuting claims against the 
various railroads for damages and more especially for injuries 
received by railroad employes in the line of their duty. In all 
these matters he was eminently successful, obtaining large judg- 
ments against the railroad companies, which paid highly remuner- 
ative fees. He was the most successful practitioner in this line of 
cases of any lawyer in the state. As a general practitioner he 
was also very successful and stood high at the bar as he truly de- 
served, before a jury he had no superior and but few equals in 
the state. In politics he took an active part from his first arrival 
in the state. There was scarcely a convention of the Democratic 
party held in the county, state or national convention for a series 
of years, that he was not a delegate. He was a splendid speaker 
and his clarion voice oft upon the hustings was heard cheering 
the cohorts of his party on to victory. He was twice elected a 
member of the state Legislature and took an active part in the 
framing and passing of the necessary laws which were required. 
He was on one occasion chosen by his party in the Legislature as 
their candidate for U. S. Senator, although but an empty honor, 
it showed the high esteem in which he was held by his political 
friends. He also made the race for Congress in this First Conges- 
sional District, while by his personal popularity and splendid 
abilities he reduced the heretofore large majority of his opponent 
to a mere minimum, he failed of the election by only a few hun- 



316 Appendix. 

dred. He was one of the most polished, courteous and gentle- 
manly members of the bar, not only in his deportment towards 
the court but with the legal fraternity and with all others with 
whom he came in contact. He was bold and fearless in his de- 
nunciation of wrong, liberal and generous to a fault and a true 
friend in the strongest sense of the term. He had a high sense 
of honor and his word was at all times as good as his bond. He 
outlived all of that brilliant band of young lawyers, his worthy 
compeers to whom we have referred. He died a few years since, 
highly respected by all, and beloved by his most intimate friends 
and admirers. 

Samuel S. Ludi am came to our city early in 1859, I think, 
from the state of Michigan. He was for a time a law partner 
of M. S. Adams & W. P. Gamble. Although a very fair lawyer 
he did not like the confinement and drudgery of a law office and 
so turned his attention to newspaper work as editor and pub- 
lisher, in this enterprise he was quite successful as the field was 
large and the opportunities ample and generous. He died sud- 
denly, after a short illness, in the midst of his usefulness. 

F, P. FiTzwiLLiAM was another of those bright young lawyers 
of the days when Leavenworth was specially noted for the proud 
position she occupied as the leading and only city of the first- 
class in the state, not only on account of her wealth and popula- 
tion, but especially for the learning, ability and brilliancy of the 
young men who composed her legal fraternity. They were what 
might truthfully be termed young legal giants and so conceded 
throughout the commonwealth. Among those who stood in the 
front rank was the subject of this sketch, a close student, a sound 
and logical reasoner a fine debater, a ready talker, a lawyer of 
clear and forcible thought and expression, true to the interests 
of his clients, and a very successful practitioner, a true friend, 
genial and kind to all. Like so many of that worthy band, his 
comrades in legal arms, he was cut down by that relentless angel 
of the sombre wing, whose glittering blade spares no one of the 
sons of man. The young man in the flower of youth and the hey 
day of life and in the midst of his usefulness, is cut down and 
passeth away and the place that then knew him shall know him no 
more forever. Our friend died as he had lived, honored and re- 
spected by all and beloved by a large circle of acquaintances and 
friends. 



CHAPTER XL 



Lysander B. Wheat, 

AS his name is signed on the roll, came here early in 1859. 
He opened an office and soon after formed a partnership 
with Wm. McNeill Clough. As Mr. Clough had a large com- 
mercial acquaintance in St. Louis and the eastern cities, this firm 
from the start did a large and remunerative law and collection 
business. Of Mr. Wheat alone we shall speak at this time. Mr. 
Wheat, from the very commencement of his legal career in this 
city, was one of the closest, hard-working, pains-taking, methodi- 
cal lawyers in the commonwealth. With the largest and perhaps 
best selected private library in the state, he spent more hours and 
burned more midnight oil poring over its pages and preparing 
his briefs for trial in court, than any lawyer in ten did, or would 
do, under like circumstances. It was said of him that he briefed 
both sides of every important case he tried. For that reason he 
was never caught napping in a trial; that he was often better 
posted on the strong legal points of the case on the opposite side, 
than the opposing counsel himself, and was thus prepared in ad- 
vance for any legal emergency that might arise. He was inde- 
fatigable and untiring in his application to his duty as he saw it. 
True to the best interests of his clients, honest and upright in 
all his dealings, a very careful and correct pleader, one of the 
very best and ablest lawyers of the bar, well posted in all the 
intricacies of the practice, always doing his full share of the busi- 
ness and that with equal or greater success than the majority of 
attorneys of the bar. 

Owen A. Bassett never resided in our city but was one of 
the leading lawyers of our sister city of Lawrence. He was also 
District Judge of that judicial district for a number of years, filling 
the position with honor to himself and to the entire satisfaction 
of the people he served. 

317 



318 Appendix. 

John M. Case came to this city in 1859 from Janesville, 
Wisconsin. He was a gentleman of fine legal attainments, a ripe 
scholar, courteous and urbane in his manner and deportment, 
a close student, an able practitioner and successful attorney. 
Soon after his arrival here he formed a partnership with 0. B. 
Holman, with whom he had been acquainted in Janesville. The 
firm did a large and lucrative business for a series of years. It 
was generally conceded that to the skill and ability of Mr. Case 
in the preparation of the cases for trial the marked success of 
the firm was largely due. Mr. Holman having died and the war 
of the Rebellion coming on, and law business having come to a 
standstill, so to speak, Mr. Case returned to his former home in 
Wisconsin where he resumed his profession. At the close of the 
war he moved to Marshall, Texas, and opened a law office. Of 
course the prejudice against Northern men at that time was 
generally very strong in those Southern towns and cities, but as 
Marshall was a growing railroad town, the end of a division built 
by Northern capital, and large repair shops and offices employ- 
ing quite a large number of mechanics and other workmen mostly 
from the North, Mr. Case by his urbanity, prudence and dis- 
cretion as well as his skill and ability as a lawyer in a short time 
minimized in a large measure that prejudice and was enabled to 
build up a generous and lucrative law business. In course of 
time he was elected one of the Judges of the city, which office he 
held for a number of years. He is still residing there although 
his health is greatly impaired. 

R. P. C. Wilson, the well known and distinguished lawyer 
and member of Congress from the Platte district for so many 
years, came to this city in the latter fifties from his home in Platte 
City, Missouri. He and Col. A. J. Isaacs, the first Attorney Gen- 
eral of the territory, formed a law partnership. I need hardly 
add that lawyers of their well known legal skill and ability were 
bound to command their share of the law business of this portion 
of the territory, which they did from the start, had not circum- 
stances so suddenly changed in the environments surrounding 
these gentlemen, there was no question of their continued success 
so auspiciously begun. Col. Isaacs was taken suddenly ill shortly 
after and passed away. The war coming on soon after, Mr. Wilson 
returned to his former home at Platte Citv, where he was born and 



Early Members of the Leavenworth Bar. 319 

reared. In due time he was called upon to serve the people of his 
district in filling the honorable and well deserved position of 
member of Congress, which he did so ably and satisfactorily that 
he was re-elected again and again until he declined further honor 
in that behalf, preferring in his generous nature to share the 
honors with other favorite sons who might desire advancement. 
He still resides at Platte City, honored and respected by all, 
not only there but among his many friends in this city. 

Geo. W. DeCosta. This young lawyer remained in the 
practice of his profession here but a year or so, when he drifted 
away farther west, like so many have done before and since. 
That spirit of restless activity so prevalent in the West, was at 
its flood tide just before the war, and if taken at that time, with 
some would lead on to fortune, to many others sorrow and disap- 
pointment. After his departure from here the volume closed 
with his future connection with our city. 

T. A. HuRD. Judge Hurd came to this city in the spring 
of 1859, from the city of Utica, central New York. He was 
admitted to practice in the first class of young lawyers under 
the new constitution of the state of New York in the fall of 1849. 
He had been a law partner with Hon. Joshua A. Spencer, of Utica, 
before coming to this city. We having adopted the Ohio code of 
law practice to a certain extent in this territory, which code had 
followed the New York code in its general features, Mr. Hurd having 
practiced law in that state under the new code for ten years past 
and being familiar with the decisions of the Supreme Court and 
the Court of Appeals on questions of practice under the code, was 
better advised than most lawyers in the territory as to what was 
required to conform to the present practice. Shortly after Mr. 
Hurd reached here, he formed a law partnership with the writer, 
which continued with fair success until June, 1861, when the 
writer entered the Union army and the firm was dissolved. In 
due time Mr. Hurd became the local attorney of the Kansas Pa- 
cific railroad and had charge of its extensive real estate holdings 
in this and adjoining counties. He was also the attorney and 
manager of the syndicate of Kentucky and Ohio capitalists who 
bought the Fackler Addition to the city of Leavenworth. When 
the Missouri Valley Life Insurance Company of this city was or- 
ganized Judge Hurd was selected as its attorney and remained 



320 Appendix. 

with it until it ceased to do business and its affairs were finally 
wound up. He was also attorney for other corporations in the 
city and in the East. During the gubernatorial administration 
of Governor Glick in this state^ a vacancy having occurred in the 
Supreme Courts Judge Hurd was appointed by Gov. Glick to fill 
that vacancy until the next general election in the state^ which he 
did with credit to himself and honor to the state. It is conceded 
by all who were acquainted with Judge Kurd's legal ability that 
he had no superior and but few equals as an insurance, and also 
as a corporation lawyer in the state. He died a few years ago 
highly honored and respected by his associates of the bar and a 
large circle of friends. 

N. H. Wood is another of those lawyers who came to this 
city from Janesville, Wisconsin. There seems to have been quite 
an exodus of attorneys from that town to our city in the late 
fifties. Mr. Wood opened a law office and was quite successful 
as a lawyer. In due time he was elected a justice of the peace 
of the city and township, which position he filled for several 
terms with honesty, integrity and ability. Of late years he has 
confined himself almost exclusively to his abstract books of 
titles of the lots and lands of the city and county of Leavenworth. 
It requires an immense amount of labor to keep these records 
full and complete and up-to-date. It is of the most vital im- 
portance to all owners of real estate who rely upon these ab- 
stracts of title to their property that they be scrupulously correct 
in every particular, as shown by the records on file in the regis- 
ter of deeds' office of the county, and all liens if any for taxes as 
shown in the treasurer's office of the county, or judgments if 
any, that might be liens against the real estate proposed to be 
conveyed. Mr. Wood's experience as a lawyer ought, and no 
doubt does, eminently fit him for this abstract business, upon 
which so much honesty, integrity, correctness and reliability 
depends. 

John P. Mitchell. It is somewhat of a mystery to the 
writer just how this name came to be enrolled among the list of 
attorneys. He was known here for years as an honest, indus- 
trious mechanic. True, he aspired to be a leader and ward po- 
litician and was such to a certain extent, as to his study and 
practice of the law, deponent never saw or was advised and 
therefore stands mute and makes no answer. 



Early Members of the Leavenworth Bar. 321 

W. W. Gallager. It would be no base flattery to say 
that while the writer knew William (sometimes called "Bill" for 
short) quite intimately, and that he was a keen, bright fellow 
and a true sport, he never was accused of being a Bacon or a 
Coke in the law business. True, he was the tail end for a time 
of that somewhat ephemeral law firm of Delahay, Dugger & 
Gallager, that did not count to win. The war of the Rebellion 
took William out of the law game here and landed him at Kan- 
sas City, Mo. Dugger flew the coop back to Illinois and Judge 
Delahay, like Logan, the brave, was left alone to mourn his loss. 

P. P. Hatha W'AY was a bright, active young lawyer who 
flourished here for a time, Judge Brewer and he were law part- 
ners for a limited period. Just when he retired or where he 
landed, or the causes therefore, deponent cannot now call to mind 
and so passeth it by. 

W. S. Carroll. This gentleman came here early in 1859 
and was soon after enrolled as an attorney in the district court. 
He was very industrious, was what might be called a hustler 
in the law business in hunting clients and doing things legal. 
This work, with close application, made his practice a success. 
After a time a better opportunity, where the competition was 
not so strong as he thought, offered itself and he moved to 
Wyandotte, a thriving town, and his energy, it was said, built 
up a large practice and was also quite successful politically, 
which by shrewd management added to his financial income. 

E. Stillings came here from Ohio with a splendid reputa- 
tion as a lawyer of ability. Being especially well posted in the 
Ohio code practice and the decisions of the courts of that state, 
and as our code was copied in a great measure from the Ohio 
code, a lawyer familiar with that practice and the court deci- 
sions, had a superior advantage over other attorneys who had not 
been similarly situated. He and Mr. Fenlon were law partners 
for a time, and if I mistake not Judge Hurd and himself were also 
associated in the law business for some years. Mr. Stillings was 
city attorney for two years under Gov. Carney's administration. 
He was the attorney of the Leavenworth and Atchison railroad 
while it was being constructed and until it was sold to the Mis- 
souri Pacific railroad company. He was also attorney for the 



322 Appendix. 

Kansas Central (narrow guage) railroad until it was sold. He 
was often elected Judge pro tern by the bar of the district court 
and his decisions, when acting in that capacity, were marked for 
their fairness and legal ability. He was quite often appointed 
referee by the court to ascertain the facts and apply the law in 
important cases where reference was asked or required. He was 
also attorney for the First National Bank of this city while Lu- 
cien Scott was president, and of other corporations in the city. 
During all his long career as a practicing attorney, no lawyer in 
the city or state ranked higher as an able and profound jurist and 
successful practitioner than Judge Edward Stillings. 

H. Griswold. Judge Hiram Griswold, as he was called, 
was another Ohio lawyer who came to our city in those early 
days with an honorable reputation as a man of skill and ability 
in his chosen profession. He and Mr. Z. E. Britton were law 
partners until he was appointed Register in Bankruptcy of the 
U. S. District Court for a number of years, until the law was 
repealed by Congress. Judge Griswold was conceded by all to 
be a man of fine legal attainments, honest, upright and a true 
Christian gentleman. 

Wm. McNeill Clough came here from Platte county. Mo. 
He had been connected as attorney for the Parkville and Grand 
River railroad for a number of years before coming to our city 
and had quite a reputation as a railroad attorney and also as an 
insurance lawyer and agent. His father who came with him 
and occupied the same office gave special attention to that branch 
of the business. Mr. Clough had a large collection clientage in 
the East and St. Louis. This mercantile law business was gener- 
ally very profitable, pecuniarily. In due course of time, Mr. 
Clough formed a law partnership with Mr. L. B. Wheat of whom 
we have previously spoken under the firm name of Clough & 
Wheat. With Mr. Clough's extensive acquaintance, experience 
and hustling proclivities and Mr. Wheat's plodding and untir- 
ing perseverance, coupled with great skill and legal ability, it is 
not surprising that this firm for a number of years did a very 
large, profitable and successful legal business, up to the disso- 
lution of the partnership. A short time after this took place, 
Mr. Clough suddenly passed away, leaving a large circle of friends 
to mourn his loss. 



Early Members of the Leavenworth Bar. 323 

Chas. W. Lowrie, although his name is enrolled in the list 
of attorneys, the writer does not call him to mind. If he prac- 
ticed law here it must have been limited and of short duration. 

Geo. H. Hoyt. This young man's stay in our city was 
brief, brilliant and erratic, like a comet from some distant 
sphere he shot athwart the mental vision, dazzled the eye for a 
time, not as a lawyer so much, as he had or sought but little 
legal practice during his brief stay, but as a newspaper writer 
and a politician. Although Kansas was conceded to be a little 
rapid in speed itself in those days, Hoyt said it was to slow for 
him. He wanted the pace of Scotty, the Death Valley miner, 
of the present day, and so he passed us by. 

Z. E. Britton. This gentleman, while a fair lawyer, had a 
real estate speculating turn of mind; a political newspaper de- 
sire to be a writer and perchance a statesman and with so many 
irons in the fire at the same time it would be a little singular 
if some of them did not burn. However, in the midst of his use- 
fulness, he suddenly passed over the divide. 

D. B. Halderman, Here is another name enrolled in the 
list of attorneys whom the writer fails to call to mind at this 
time either as a citizen or lawyer in this city. 

Wm. C. McDowell, another of that brilliant galaxy of young 
lawyers of which we have previously spoken, and although his 
name is enrolled well down on the list, he was one of the very 
brightest of those young legal minds that cast its magic spell 
athwart the legal sky (if I may be allowed the expression) 
in those halcyon days. Judge McDowell came from Ohio to this 
city and opened a law office. He was a gentleman of fine legal 
attainments, a ripe scholar, a polished and forcible speaker, 
a close student, a brilliant and versatile mind, a pleasant and 
sociable friend and companion, and a successful practitioner at 
the bar. In course of time he was elected Judge of this judicial 
district and was again re-elected to the same position. By his 
urbanity and courteous manner on the bench, he was popular 
with lawyers and juries alike; by his learning and judicial deci- 
sions he commanded the respect and confidence of all who had 
business in the courts. Off the bench he was a sociable and de- 
lightful companion, happy and convivial in his nature and highly 



324 Appendix. 

esteemed for his many good qualities of heart and soul. He was 
suddenly and very unexpectedly killed by being thrown from 
the top of a passenger omnibus on his way to the depot in St. 
Louis as he was returning to this city. His untimely taking off 
was a sad blow to his many friends and cast a shadow of gloom 
over the whole community. A young man of superior mind and 
ability^ thus rudely cut down in the prime of life and in the midst 
of his usefulness, left a void in the ranks of society and especially 
that of the legal fraternity in our city and state, not easily filled. 

Lewis Burns. The writer first knew Col. Burns, as he 
was then called, in Weston, Missouri, in 1850. He was at that 
time the head of the large mercantile firm of Burns Bros., who in 
their day commanded more political power and influence by their 
wealth, sagacity, shrewdness and ability than any family in north 
Missouri. When Kansas was admitted as a territory, the Col. 
and Hon. James N. Burns became largely interested in real es- 
tate in Salt Creek Valley, in this county and in Atchison city and 
county. Col. Burns had always been a merchant and politician 
and had never studied law or given the subject much attention. 
When the land office was established at Kickapoo and he became 
interested in land in that section as above, he soon bloomed out 
into a land lawyer before the register and receiver of the land office 
to aid squatters in securing the proper entry and title to their 
lands. Not much legal knowledge, skill or ability even in contested 
cases was required before the land office, the laws, rules and 
regulations of the land office were all very plain. The great se- 
cret was in marshaling the evidence and fixing the witnesses, to 
establish the priority of settlement and the necessary improve- 
ments to enable the claimant to hold the land against all con- 
testants. Col. Burns soon learned just what evidence was re- 
quired before the land office to win his case and if he failed in 
this behalf it was not his fault. With an active client he generally 
won his case and secured a good fee. When the land was mostly 
entered in this section and the land office closed at Kickapoo, 
Col. Burns thinking no doubt that from his experience as a 
land lawyer at Kickapoo, practicing law was his calling, he 
moved to the city and became the junior member of the firm of 
Lecompte, Mathias & Burns. As the Colonel had a large country 
acquaintance, he was enabled to bring considerable business to 



Early Members of the Leavenworth Bar. 325 

the firm. This did not last but a few years, when the firm dis- 
solved and Col. Burns retired to St. Joseph, Missouri, dropped 
the law or it dropped him and he took up the newspaper busi- 
ness; how well he succeeded in this new venture in his old age, 
I am not advised. He died a few years ago ripe in age, and full 
of varied experience. 

L. M. GoDDARD came to this county when quite a young 
man. His father was a man of superior intelligence and culture 
and stood high as a farmer for honesty, integrity and diversified 
intelligence, learning and ability. Young Goddard being of studi- 
ous habits, of a bright and intelligent mind, far above the aver- 
age of young men of his age, turned his attention to the study 
of the law and in due time was admitted to the bar and by 
hard study, close application and winning ways, soon occupied 
a front rank among the leading members of the bar in the city. 
He was at one time a law partner of Judge J. L. Pendery. In 
course of time he was elected county attorney of this county and 
it is no reflection upon the many gentlemen of marked ability 
who have held that responsible office before and since Mr. God- 
dard's occupancy of it, (for truly Leavenworth county has been 
especially fortunate in this respect) to say that no one has filled 
it with more honor to himself and satisfaction to the people whom 
he served so faithfully and well and with more ability than did 
L. M. Goddard during his term of office. He afterwards con- 
tinued to practice law here with great success for a number of 
years. Actuated with an honest desire to advance in his pro- 
fession and improve his pecuniary situation he sought new fields 
for its development. A few years ago he removed to Colorado, 
the then busy, hustling mining territory of the West. Of course 
a young man of his legal ability was bound to succeed in his pro- 
fession. In course of time he was elected one of the Supreme 
Court Judges of the state, which position he filled with dignity 
and marked ability. At the expiration of his term he returned 
to his law practice which we learn he pursued with great and in- 
creased success. He occasionally re-visits his old home and is 
welcomed by a host of old friends and well wishers. 

Hector D. Mackey, while he was enrolled as an attorney 
and practiced law to some extent, did not confine himself exclu- 



326 Appendix. 

sively to his profession, but gave his attention more to operating 
in real estate, insurance and other callings, evidently more pleas- 
ing to his tastes and more remunerative. He was said to have 
acquired considerable money and property before he migrated 
to other fields to put additional ducats in his purse. 

James S. Jelly, sometimes called Col. Jelly, because he 
came here I suppose, from southern Indiana, the town of Far 
West opposite Kentucky across the Ohio river, the land of Colonels 
also fair women and brave men, and genuine mountain dew. 
Col. Jelly was an industrious, hard-working lawyer and secured 
considerable business by his indefatigibility and hustling pro- 
pensities he was most fortunate, and made it pay. He always 
looked out for the reward for labor and secured that before he 
spent his time and energy in his client's behalf, always contend- 
ing that a dollar in hand was better than two in uncertain prom- 
ises to pay. When the war cloud threatened, he returned to his 
old home in Indiana. 



CHAPTER XII. 



Geo. H. English 

WAS a lawyer of more than ordinary ability, a clear head, 
close application, studious habits, a close reasoner, fine 
literary attainments, a clever and polished gentleman, 
well liked by those who knew him and more successful than some 
others who made more show and greater display, he was quiet 
and unobtrusive, but earnest, trustworthy and reliable, a sound 
and cogent reasoner before the court and jury and justly appreci- 
ated for his honesty and integrity of character. He moved to 
Kansas City when that town began to improve and we learn soon 
stood high in the profession and acquired a liberal competency 
of this world's goods. 

Chas. W. Helm, a native of old Virginia, but raised in Wash- 
ington city, a son of Judge Helm, one of the leading lawyers of 
that city. Charley Helm, as everybody called him, was a very 
bright lawyer, well ground in the principles of the law, affable 
and agreeable, a courteous and polished Southern gentleman, 
perhaps a little proud of his home and ancestry, but not over- 
bearing or ostentatious, on the contrary, he despised hypocrisy 
and double-dealing, and was the very soul of honor and 
good breeding, social and companionable, fond of a good story, 
of a happy and cheerful disposition, of a great diversity of attain- 
ments, a good speaker, forcible before the jury and argumenta- 
tive to the court and a successful lawyer generally. When the 
war clouds began to gather, naturally his inclinations would be 
to go south and as the law business was dull here he moved to 
Texas, where I learn he was quite successful in course of time. 

Henry M. Burligh, I remember as being a resident of our 
city and a practicing young attorney for a time but how long he 
remained or when or where he retired to, I do not now call to 
mind. 

327 



328 Appendix. 

Joseph W. Taylor was another of those bright young law- 
yers who came to our city at an early day and opened an office, 
and although he arrived here after the state was admitted into 
the Union, the time which I had set as the limit to which I would 
confine myself in a review of the attorneys who were enrolled 
at the bar of the First District Court and who occupied a promi- 
nent position and were well known and appreciated by the com- 
munity generally. I trust I will be pardoned for referring briefly 
to Mr. Taylor and a few others who came here after January, 
1861, and as I have said occupied prominent places and took an 
active part in our civil and political affairs, but have long since 
left our city or gone to that unknown land from which no trav- 
eler returns. Soon after Mr. Taylor came he formed a partner- 
ship, if I mistake not, with Judge J. L. Pendery which continued 
for some time with success. He was twice elected to the Legis- 
lature of the state and also served two terms of two years each as 
prosecuting attorney of this county. In all these positions of 
honor and trust, he was the same faithful, honest, earnest, rehable 
public servant. He did his whole duty as he saw it and did it 
fearlessly and well. At the close of his second term as county 
attorney he removed to Colorado and in a short time had ad- 
vanced to the front rank of successful and prominent lawyers in 
that land of golden promises and rewards. He died a few years 
ago beloved, honored and respected by a host of friends. 

Byron Sherry. Gen. Sherry, as he was called, came to our 
city and was enrolled as an attorney of the bar shortly after 
the state was admitted. He came here with a fine reputation 
as an able lawyer of large and varied experience. He was an 
earnest and forcible speaker and in the discussion of a legal prop- 
osition before the court, he was logical, clear and convincing, 
before a jury he was often eloquent and rarely failed of success 
by earnest and strong appeals in behalf of his client's interests. 
When the Leavenworth county criminal court was organized he 
was elected Judge of said court which office he filled with dignity 
and honor. The court was abolished at the next session of the 
Legislature by the request of the tax payers of the county as too 
expensive a luxury and as the district court Judge had so reduced 
the number of cases on the docket that by hard and constant 
labor he would be able to dispose of all business both civil and 



Early Members of the Leavenworth Bar. 329 

criminal that came before the court in a reasonable term. 
Shortly after this Gen. Sherry removed to Kansas City to a 
wider field for his talents and legal ability. He was very suc- 
cessful both in a legal and political way^ but owing to the deli- 
cate health of his family he has been compelled to remove to 
the more congenial climate of New Mexico where he now re- 
sides. 

James Ketner was a prominent lawyer in this city for a 
number of years. He was elected Probate Judge and served the 
people honestly and well for two terms in that important office 
upon which so much depends to preserve inviolate the sacred 
trusts committed to his care in a fiduciary capacity, in the care 
and protection of the interests and estates of widows and or- 
phans. It is estimated that at least once in thirty years the 
majority of the real estate of a city or county passes through 
the hands of, or is administered upon in some form or other by 
the probate court. Thus it will be seen at a glance by even the 
most casual observers how important it is that a first-class man 
of honesty, integrity and ability whose character like Csesar's 
wife, is above suspicion, should be elected to this office. In due 
course of time Judge Ketner, like so many others removed from 
our city. The Judge pitched his tent in the then thriving town 
of Junction City, and by his energy and application soon built 
up a lucrative practice, commanding the respect and confidence 
of the people among whom he lived. He died only a few years 
since. 

Nicholas Smith. I find his name enrolled among the list 
of attorneys of this first judicial district although I am not 
advised that he ever tried a case in our court and only re- 
fer to him at this time, in this connection, as he was a 
character in his way, and for a time filled a somewhat prom- 
inent space in the public eye. He came here from Ken- 
tucky. He was very eccentric in his ways and manner, to draw 
it mildly. His style of dress was peculiarly his own, he wore 
his hair long and tousled over his head a-la Paderwiski style, 
all no doubt to attract attention to his fine figure, he carried 
himself in a sort of top lofty manner. To those who did not 
know him well, he might seem arrogant and haughty; it was 
simply his apparent lordly style. He was cordial and social with 



330 Appendix. 

friends, of very general intelligence, a great reader, a fine con- 
versationalist, a close observer of men and things, a diversified 
and voluminous writer, a regular correspondent for newspapers 
and magazines upon a great variety of subjects, generally sign- 
ing his newspaper correspondence "Veritas" to emphasize the 
truthfulness of what he wrote. Being a Kentucky blue grass 
thoroughbred, the boys dubbed him, "Col. Nicholas Veritas 
Smith." He built and occupied a fine mansion on the South 
Esplanade (now owned by Dr. Boyd) where he dispensed with a 
liberal, genuine Southern hospitality to his friends the choicest 
viands of his native state. Ere long that angel of the sombre 
wing came unbidden into this happy home and bore away in the 
silent watches of the night the spirit of his beloved wife. The 
shock was so great that for a time it completely unmanned him, 
it was said that in his agony and distress he almost cursed his 
Maker for the cruel blow and would not be comforted but raved 
like a mad man. But all things finite have an end. In course 
of time he recovered his composure, but would not remain in the 
West, but sold his house and sought other fields for a change of 
scene, that he might forget the past, amid the hum drum of a 
busy life of a great city. He went to New York city and in due 
course of time he became associated with Horace Greeley as 
assistant editor of the New York Tribune. We will follow his 
erratic course no further. 

Isaac E. Eaton. He had been admitted to the bar 
in Ohio before he came to our city, and as he said, to keep 
himself in line, was enrolled here, although he did not make an 
effort to secure legal business. He was the agent and man- 
ager of a large amount of real estate in this and adjoining 
counties in the state belonging to railroad men and specu- 
lators in the East. At one time Col. Eaton lived on a large 
farm near Reno, in this county and was elected a county 
commissioner and served for two years. Col. Eaton was more 
generally known as the "Old war horse of the Kansas Democ- 
racy." He was the Kansas member of the Democratic National 
Committee for five or six lustrums, as Col. Benton would say. 
Faithful, honest and true to the party and his friends, he never 
sought or held a federal office when his party was in power but 
was always ready to aid his friends to the loaves and fishes when 



Early Members of the Leavenworth Bar. 331 

in position to do so. He was a man of fine ability and a natural 
born leader and shrewd politician. 

Newton Mann came to the county soon after the state was 
organized; he first settled at Tonganoxie, in this county, and 
opened a law office and was quite successful in the law practice. 
Shortly after the war closed he was elected Probate Judge of the 
county and filled the office quite satisfactorily for two terms. 
He then opened an office in the city with his brother, Nathan 
Mann; they did a large business but mostly with county clients 
as they had a large acquaintance with the farmers, especially in 
the lower portion of the county. The brother having become 
largely interested in lands adjoining Wyandotte, moved to that 
town and the firm was dissolved. The Judge continued his 
office work here, confining himself largely to real estate work. 
His health failed and a few years ago he died, highly respected 
by all. 



CHAPTER XIII. 

WE cannot close this review of the attorneys who came to 
our city prior to our admission as a state without special 
reference to one of the most prominent law firms in the 
city and territory in those early days, especially as a portion of 
the members of that firm filled so prominent a place in the 
legal and political history of the state, and each and all in the 
war history of the nation. I refer to the law firm of Sherman, 
Ewing^ & McCook. It is a singular fact, which the writer is unable 
to account for, that after a most careful examination of the 
original record on file in the clerk's office of the First District Court 
and from which record all the foregoing names are taken, from 
the first organization of the territorial court in April, 1855, up to 
the present day, I do not find the name of a single member of 
the above firm enrolled among the attorneys of this district and 
still were I to fail to speak of them as they deserve, all readers 
of these sketches would marvel at the omission. It would be to 
a certain extent like the play of Hamlet with Hamlet left out. 

William T. Sherman, so well known in after years in the 
history of our country as Maj. Gen. Sherman, came to our city 
in 1858 or '59 and shortly after he opened a law office as partner 
and head of the firm of Sherman, Ewings & McCook. From its in- 
ception the firm did their full share of the law business of the 
city and vicinity, and in due time by their energy, skill and 
ability, their practice became co-extensive with the boundaries of 
the territory. Gen. Sherman, while with the firm, confined him- 
self mostly to the office work. My own opinion is that Gen. 
Sherman, though well versed in the principles of the law, was 
not infatuated with the practice, but preferred a more active 
life, or at least one of less drudgery and confinement, and more 
freedom from restraint and the opinion of others. A military 
life was best suited to his habits and nature. He was justly 



Early Members of the Leavenworth Bar. 333 

proud of his attainments, and any stumbling block thrown in 
his way, or means that smacked of low breeding, used to defeat 
him, or want of manly attributes, or any resort to trickery or 
unfairness, was to him very contemptible, as he was the very 
soul of honor himself. He demanded the same of others with 
whom he came in contact, or did business with. 

The following incident in General Sherman's life illustrates 
how a small matter in itself may, under certain circum- 
stances, change the whole tenor of a person's life. It so hap- 
pened that a client of the firm on one occasion had a law- 
suit with a neighbor over the value of a calf or pig, brought 
before Squire Whitney, a justice of the peace. It was sup- 
posed to be a small matter, and it really was, and would 
have taken but a few minutes to dispose of it. But the client, 
who was a positive man and thought he was being wronged 
would not yield a point, so Mr. Sherman went with him to the 
justice's office. There he found Colonel Lewis Burns, the at- 
torney for the plaintiff, with a half-dozen witnesses and a small 
library on the table before him. Mr. Sherman was a little sur- 
prised at the number of witnesses, and especially at the array of 
law books. He rightly concluded it was a big bluff on the part 
of Colonel Burns to overawe that justice with the law. The trial 
commenced at once, and the plaintiff's witnesses showed they 
knew but little about the facts in the case. When the evidence 
was closed, Mr. Sherman was satisfied he had won, but the 
Colonel was not to be beaten by evidence, when the law (as he 
said) was on his side. He commenced hurling, in thunder tones, 
page after page and volume after volume of that library before 
him, at the head of that old justice ("Old Necessity," the boys 
called him), but the cases cited and the law read by the Colonel 
had no more application to the case at bar than pages of the 
Greek Testament, or leaves from the Koran. In reply General 
Sherman attempted to show this to the court, but the old justice 
was completely bewildered. He finally decided that the plaintiff 
would not have brought the suit unless he had a good case, and 
furthermore, that that old gray headed lawyer must know that 
what he read was the law in the case, and he decided the case in 
favor of Colonel Burns. Although General Sherman felt and 
knew that his client had been greatly wronged by the decision, 
the judgment was so small that he advised him to pay it and not 



334 Appendix. 

appeal, as it would cost more in time and attorney's fees than it 
was worth, and so the case ended there. General Sherman a few 
days after the above trial remarked to the writer that if that 
was Kansas justice, he wanted no more of it. If an old fellow 
like Colonel Burns, whom he learned had not studied law a day 
in his life, could win such a case before a wooden headed old jus- 
tice by simply being gray headed and throwing a library at the 
old justice, he (Sherman) thought he had better quit practicing 
law in Kansas. A few months later he left the state. The next 
we hear of General Sherman he was the principal of a military 
school in Louisiana, from which place he entered the Union army 
soon after the war commenced. 

It may possibly not be out of place in this connection 
to relate an incident in the practice of this old justice of 
the peace, E. Whitney, Esq., who knocked General Sherman 
out in the first round. Soon after he was elected he opened 
his office in the basement of F. Merks' stove store on the south- 
west corner of Delaware and Third streets, a frame building 
that stood where Eddy's drug store now stands, the entrance 
being on Third street. One morning, soon after the Squire 
opened for business, the writer was in his office, and the old jus- 
tice seemed anxious to make some special inquiries as to his 
duties as justice of the peace, and the position he ought to occupy 
consonant with the office. The writer referred him to the stat- 
utes of the state defining the duties of a justice of the peace. He 
replied that he had read them, but they did not say how he should 
have his office arranged, and, as he thought, did not give proper 
dignity to the office. As the writer thought he saw a chance for 
a little humor he encouraged the old justice to deliver himself. 
The old Judge said he had been reading about English judges, 
and, as he understood it, they had law judges and equity judges, 
who were sometimes called chancellors; they both held court 
and tried cases, one on the law side of the case and the other on 
the equity side. But in this country they were both blended in 
in one person, and he was a law judge and equity judge at the 
same time; but what bothered him was just how to arrange his 
office so as to have a law side and equity side of his court separate, 
in the same office room. The writer suggested that he push his 
table, end next to the wall and place a chair on each side, one for 
the law side of the court and the other for the equity side. Then 



Early Members of the Leavenworth Bar. 335 

he said: "When the lawyers are arguing the hiw points, I must 
hear and decide on the law side of the court, and when the wit- 
nesses are being sworn and examined before me or a jury, I must 
sit on the chancery or equity side of the court?' ' To this I assent- 
ed, and he then added: "What about the gown, the wig and 
the wool sack the English judges had?" As the writer feared 
that if he advised it "Old Necessity" would some day rig himself 
out in full toggery as above described, he suggested that he 
leave off the wig and gown for the present, as they were expen- 
sive and not essentially necessary, but get a sack and fill it with 
wool and place it in one of the chairs and sit on it when required. 
The old fellow soon had his office arranged with a law side and 
an equity side, wool sack and all, to the amusement of the boys 
who tried cases before him. It was as good as a circus sometimes 
to see "Old Necessity" try a law-suit. 

Thomas Ewing4, Jr., was for a number of years one of the 
most distinguished lawyers and public men in the state. His 
marked ability as a jurist soon placed him in the front rank of 
our public men. He came to the territory with a fine record as a 
lawyer, the lustre of which was not dimmed by the contact with 
the bright legal minds of our city and state. He was elected as 
the first Chief Justice of the Supreme Court of the state. He held 
this most responsible position for some time, adding renown to 
his well known ability as a jurist. Fired with a patriotic desire 
to serve his country in her hour of peril, he declined further ju- 
dicial honors and assisted in raising a regiment of Union soldiers 
for the war. He was commissioned Colonel of the same. In 
due time he was appointed Brigadier-General of Volunteers by 
the President and stationed on the border of Missouri and Kan- 
sas, with headquarters at Kansas City, Mo. Gen. Curtis was in 
command of this department. In the meantime, marauding 
bands of bushwhackers under Quantrell, Anderson and other lead- 
ers, were pillaging Union men in Kansas and Missouri, robbing 
and murdering them and when pursued fled to the hills and hol- 
lows of the Sni and Blue rivers of Jackson county below Inde- 
pendence, Mo. It was claimed that the people who resided there, 
fed, harbored, protected and sympathized with these robbers 
and cut throats, and to break up these gangs and destroy their 
rendezvous. Gen. Curtis'^ ordered Gen. Ewings to burn and lay 



336 Appendix. 

waste if necessary that portion of Jackson county where these 

marauders were harbored. This direction of Gen. Curtis' caused 

Gen. Ewings to issue that famous order No. 11, I beUeve it was 

called, which caused so much trouble and distress to those people 

and was denounced so bitterly by the press and people of that 

section, '"^that some innocent people suffered with the guilty there 

is no doubt. As Gen. Sherman said after his march to the sea, 

and the destruction which followed in its wake, "War is hell." 

Whether Gen. Ewings' order was wise and proper at the time or 

whether it ought to have been tempered with mercy, is not for 

this writer to criticise, his duty lay in another field of action in , 

the war. All I desire to say in this behalf is, that Gen. Ewings, ^ 

as a true soldier obeyed the orders of his superior officer, if 

too severe he should not be blamed for the result. After the war 

Gen. Ewings returned to his old home in Ohio, and in a short 

time went to New York city and opened a law office and soon 

occupied a leading position at the bar. He was accidentally 

killed a few years ago by being run over by a street car. v 

\ 
Hugh Ewings,. Although the General was a member of 

the above law firm, he did not confine himself to the prac- 
tice of his profession while here, but occupied his time 
mostly in looking after the large real estate interests in 
which he, in connection with other gentlemen, owned in the 
west part of the city. When the war broke out, he hastened 
to Ohio and assisted in raising one or more regiments for 
the Union army, was appointed Colonel in a short time. 
The President appointed him a Brigadier-General of volunteers; 
by his distinguished bravery and ability he soon rose to the rank 
of Major-General, which position he filled to the close of the war. 
After the war closed and peace was again restored Gen. Ewings 
was appointed U. S. minister to the Hague, which high and hon- 
orable position he filled for a number of years with great credit 
to himself and honor to the country. At the expiration of his 
term of service, he returned to Ohio. He died a few years ago 
greatly respected by all who had the honor of his friendship and 
acquaintance. 

Dan McCook, the youngest member of the above firm, 
came here from Ohio before the state was admitted into the 
Union; he was the youngest son and brother of what was well 



Early Members of the Leavenworth Bar. 337 

known during the war,as the "fighting McCook family". He was 
a very bright young man, a sharp, shrewd, well read lawyer, a 
fit companion of that brilliant coterie of young lawyers of whom 
we have previously spoken. It was these friendly but earnest 
contests that so often occurred in the courts, when these young 
legal giants (so to speak) were pitted against each other on oppo- 
site sides in the trial of cases, it was a battle royal, of Greek meet 
Greek in the forensic forum, where skill, learning, well trained 
ability and shrewd practice, were the sword and rapier of these 
skillful antagonists. It is but truthful to assert that young Mc- 
Cook held his own with honor and equal poise, in these friendly 
jousts of legal lore. Gen. Swings and Dan McCook made a strong 
legal firm, not excelled in the city or territory. The impulsive- 
ness of the latter was held in steady leash by the cool impurta- 
bility and sound judgment of the former. McCook being of a 
military turn, had joined the "Shields Guards" and became 
Captain of the company during his residence here. The climax 
of the war wrought the final dissolution of this law firm, McCook 
returned to Ohio, assisted in raising a regiment for the Union 
army and was in due time, made its Colonel. By his skill and 
personal bravery he was appointed a Brigadier-General. Near the 
close of the wnr in one of the sanguinary battles in Kentucky he 
was seriously wounded, from these wounds he eventually died. 
Thus we see that each member of this distinguished firm became 
a General in the Union army, all at the same time, and each won 
honor and renown in the service of his country, and one at least, 
wore upon his brow the garland of imperishable fame, placed 
there by a loving and patriotic people. Requiescat in pace. 

Hon. James F. Legate came to Kansas in the early fifties 
from Massachusetts. I am not advised that he came under the 
auspices of the "Emigrant Aid Society," or any other special 
society organized for the express purpose of advancing the Free 
State cause in this territory. But like hundreds of other young 
men of push and energy of character in the East, he took Horace 
Greeley's advice, "go West, young man and grow up with the 
country." Mr. Legate first lived at Lawrence. It was there I 
first met him and formed his acquaintance, or it was at one of the 
many conventions held in those days, either at Lawrence, Topeka 
or Big Springs, to advance the cause of freedom in Kansas by the 



338 Appendix. 

instrumentality of the Topeka State Constitutional movement. 
Mr. Legate was a young man of great energy of purpose, deeply 
interested in the cause of freeing Kansas, ready, willing and anxious 
to do his part in the efforts that were being made, and to share 
in the dangers and trials incident to the struggles of the early 
settlers to establish and perpetuate a free state on the plains of 
Kansas. Although Mr. Legate was a devoted and earnest Free 
State man from the first, he did not belong to that extreme wing 
of the party or coincide with their views as to the only course to 
be pursued to accomplish the purpose upon which our hearts 
were set, and for which we were willing to sacrifice our lives if 
necessary to secure. He rather belonged to the more conserva- 
tive, but as earnest portion of the party to which Gen. Lane, 
Roberts, Holladay, Parrott, Delahay, the writer, and many 
others belonged, and which eventually accomplished the grand 
purpose for which we had all labored and struggled so long, the 
admission of Kansas as a free state. As time grew on apace, 
after the admission of the state into the Union, Mr. Legate be- 
came one of the leading men in the political affairs of the com- 
monwealth. His opinion was often sought and his judgment 
relied upon, in determining public questions by those in author- 
ity. He was conceded by the leaders of both parties, to be the 
sharpest, most astute, and ablest politician in the state. While 
of some men it is said "they live by their wits," it might with pro- 
priety and without disparagement of his honesty or integrity of 
character, be said that Mr. Legate lived by the active evolutions 
of the gray matter in that massive dome of thought. I am well 
advised that there are those who have attributed his success 
in certain undertakings, political and financial, as actuated by 
somewhat sinister motives; with these suggestions, the writer 
takes the most positive issue. If he received any compensation 
for the honest labor he performed for public men in the advance- 
ment of their interests or discharge of their public duties, it was 
never at the expense of the commonwealth or of his constituents. 
He often held places of honor and trust conferred upon him by 
the citizens of his bailiwick, and he was always reliable and trust- 
worthy, honest and faithful in the discharge of all public and 
private duties committed to his care. That he was a man of 
superior mental ability, none will question, a close reasoner, a 
clear, logical and forcible speaker, a great reader, a cultured and 



Early Members of the Leavenworth Bar. 339 

refined mind. A highly respected citizen, a true friend and a 
devoted husband and kind and indulgent parent. 

[the end.] 



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